Legal Opinion

Brian J. Woods (89-3991) v. Eric Dahlberg George Wilson, Ernest Ralph Ellis, Sr. (89-3992) v. American Red Cross

Court of Appeals for the Sixth Circuit

Decided January 9, 1990No. 89-3991, 89-3992PublishedCited by 45 opinions

1Per curiam

These appeals have been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. The panel has consolidated the appeals since they raise the same issue.

Plaintiffs have both appealed from magistrate orders denying leave to proceed in forma pauperis. Sua sponte, we address the issue of whether magistrates have authority to deny a motion for pauper status and conclude that they do not.

The jurisdiction of magistrates is set forth in 28 U.S.C. § 636. Section 636(b)(1)(A) provides:

(A) a judge may designate a magistrate to hear and determine any pretrial matter pending…

2Cases cited3 opinions

  1. Roberts v. United States District Court for the Northern District of CaliforniaSupreme Court of the United States · 1950
  2. Clay Ambrose v. Neil Welch, George Wilson, Stephen Smith, Dewey Sowders, J.B. Owens, F. Richardsville, Sidney McDaniels and Robert HodgeCourt of Appeals for the Sixth Circuit · 1984
  3. Walter Leroy Foster v. United StatesCourt of Appeals for the Sixth Circuit · 1965

3Cited by45 opinions

  1. Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's DepartmentCourt of Appeals for the Sixth Circuit · 1997
  2. Lister v. Department of TreasuryCourt of Appeals for the Tenth Circuit · 2005
  3. Massey v. City of FerndaleCourt of Appeals for the Sixth Circuit · 1993
  4. Albert G. Gibson v. R.G. Smith CompanyCourt of Appeals for the Sixth Circuit · 1990
  5. Douglas Dwight Bennett v. General Caster Service of N. Gordon Company, Inc. Richard D. Cowles, Sr. And Janice P. CowlesCourt of Appeals for the Sixth Circuit · 1992

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