Willie James Glover, Cross-Appellant v. Alabama Board of Corrections, James Towns, Cross-Appellee
Court of Appeals for the Fifth Circuit
ON PETITION FOR REHEARING
1Opinion of the Court
FRANK M. JOHNSON, Jr., Circuit Judge:
Appellee Glover has petitioned for rehearing of our decision dismissing for lack of jurisdiction and remanding to the district court his appeal from judgments in a trial over which a magistrate presided.
The critical issue in this case is whether the magistrate acted under authority of subsection (b) or subsection (c) of 28 U.S.C.A. § 636. If subsection (b) is applicable, as we earlier held, no direct appeal to the Court of Appeals from the magistrate’s decision is possible. 1 The statutory basis that is the predicate for an appeal to this Court grants…
2Cases cited7 opinions
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