Kelly Kendall v. William Davis, Paul Dean, and Harry Huge, Trustees of the United Mine Workers of America Welfare and Retirement Funds of 1950

The defendants appeal a judgment entered by a United States magistrate. We dismiss the appeal for want of jurisdiction.

The magistrate heard this ease pursuant to 28 U.S.C.A. § 636(b)(2), which allows a district judge to “designate a magistrate to serve as a special master in any civil case, upon consent of the parties, without regard to the provisions of rule 53(b) of the Federal Rules of Civil Procedure for the United States district courts.” This statute does not authorize the entry of final judgment by a magistrate; rather, Section 636(b)(1) provides both for close supervision of the…