Mary Lee Orsini v. Virginia Wallace, Warden, Women's Unit, Arkansas Department of Correction

I agree with the majority that the Federal Magistrates Act empowers magistrates to enter judgment in habeas cases with the consent of the parties. Unlike the majority, however, I would reach the issue of whether Orsini validly consented to the magistrate’s jurisdiction. Having reached the issue, I would hold that Orsini’s signature on the consent form, without more, did not constitute valid consent. Accordingly, I would remand to the district court and direct the court to consider Orsini’s claims more fully on remand.

I

While as a general rule this court will not consider issues not raised…