Aldrich v. Bowen

Ninth Circuit

Aldrich v. Bowen

130 F.3d 1364, 1997 WL 764771

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 12, 1997

DocketNo. 96-35491

StatusPublished

Cited by9 cases

This text of 130 F.3d 1364 (Aldrich v. Bowen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aldrich v. Bowen, 130 F.3d 1364, 1997 WL 764771 (9th Cir. 1997).

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Opinion

This appeal is dismissed for want of jurisdiction. The case was assigned to a magistrate judge pursuant to a general order of the District Court for the District of Ida[1365]*1365ho, and proceeded to judgment. The magistrate judge had no jurisdiction to hear the case because the record contains no written consent of the parties as required by 28 U.S.C. § 636(c)(1) and Fed.R.Civ.P. 73(b). See Alaniz v. California Processors, Inc., 690 F.2d 717, 720 (9th Cir.1982); Columbia Record Productions v. Hot Wax Records, 966 F.2d 515, 517 (9th Cir.1992); Estate of Conners by Meredith v. O’Connor, 6 F.3d 656, 658 (9th Cir.1993). Because the magistrate judge acted without jurisdiction, the judgment is a nullity, and because the district court had no jurisdiction to enter judgment, this court has no jurisdiction to hear the appeal.

DISMISSED, no party to recover costs in this court.

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This appeal is dismissed for want of jurisdiction. The case was assigned to a magistrate judge pursuant to a general order of the District Court for the District of Ida[1365]*1365ho, and proceeded to judgment. The magistrate judge had no jurisdiction to hear the case because the record contains no written consent of the parties as required by 28 U.S.C. § 636(c)(1) and Fed.R.Civ.P. 73(b). See Alaniz v. California Processors, Inc., 690 F.2d 717, 720 (9th Cir.1982); Columbia Record Productions v. Hot Wax Records, 966 F.2d 515, 517 (9th Cir.1992); Estate of Conners by Meredith v. O’Connor, 6 F.3d 656, 658 (9th Cir.1993). Because the magistrate judge acted without jurisdiction, the judgment is a nullity, and because the district court had no jurisdiction to enter judgment, this court has no jurisdiction to hear the appeal.

DISMISSED, no party to recover costs in this court.

Noel Puente Gomez Lee Mazur Hays Bob Jones Alfredo Roman Patrick Hall Marq Bartlett Gregory Joseph Nelson v. Richard A. Vernon, Director, Idaho Department of Corrections Dave Paskett, Warden, Idaho State Correctional Institution James C. Spalding, Director, Idoc Joe Klauser, Warden, Isci Alan Lee Brandt, Defendant-Intervenor-Appellant v. Eugene Starr Richard Carl Bobby Rowell Alfredo Esparza, Plaintiffs-Intervenors-Appellees

255 F.3d 1118 (Ninth Circuit, 2001)

Joseph Kofoed v. International Brotherhood of Electrical Workers, Local 48,defendant-Appellee

237 F.3d 1001 (Ninth Circuit, 2001)

Kenneth D. Hajek v. Burlington Northern Railroad Company, a Corporation Montana Rail Inc.

186 F.3d 1105 (Ninth Circuit, 1999)

Albert Binder v. Thomas Gillespie

184 F.3d 1059 (Ninth Circuit, 1999)

Fed. Sec. L. Rep. P 90,454, 99 Cal. Daily Op. Serv. 2277, 1999 Daily Journal D.A.R. 3007 Albert Binder Estelle Binder, in Their Individual Capacities and on Behalf of One or More Classes of Persons Similarly Situated v. Thomas Gillespie Marie Mullen Gillespie T. Gordon Sim Diane L. Karban John A. Good, Ian R. Wilson Cary S. Fitchey Mark L. Stevens Deloitte & Touche Mark Stevenson

172 F.3d 649 (Ninth Circuit, 1999)

98 Cal. Daily Op. Serv. 8441, 99 Cal. Daily Op. Serv. 199, 1999 Daily Journal D.A.R. 235, 98 Daily Journal D.A.R. 11,746 in Re Marriage of Nasca, Peter S. Nasca & Denise G. Nasca v. Peoplesoft

160 F.3d 578 (Ninth Circuit, 1999)

Aldrich v. Bowen

130 F.3d 1364 (Ninth Circuit, 1997)

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Bluebook (online)

130 F.3d 1364, 1997 WL 764771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aldrich-v-bowen-ca9-1997.

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