Legal Opinion
Kelvin Allen v. Meyer
Court of Appeals for the Ninth Circuit
Decided June 20, 2014No. 11-16714PublishedCited by 25 opinions
1Opinion of the Court
OPINION
McKEOWN, Circuit Judge:
We must decide whether we have jurisdiction to review the validity of a judgment entered by a magistrate judge who failed to obtain the consent of both parties, as required by 28 U.S.C. § 636(c)(1). We conclude that we do. Because the magistrate judge entered judgment on behalf of the district court without the parties’ consent, the judgment was invalid. Accordingly, we remand this case to the district court with instructions to vacate the invalid judgment and to conduct further proceedings consistent with this opinion.
Background
Kelvin Allen filed this pro se…
2Cases cited14 opinions
- Wilhelm v. RotmanCourt of Appeals for the Ninth Circuit · 2012
- Roell v. WithrowSupreme Court of the United States · 2003
- United States v. CorrickSupreme Court of the United States · 1936
- In Re Van DusenCourt of Appeals for the Ninth Circuit · 2011
- Anant Kumar Tripati v. Richard H. Rison, WardenCourt of Appeals for the Ninth Circuit · 1988
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Michael Williams v. Audrey KingCourt of Appeals for the Ninth Circuit · 2017
- Louis Branch v. D. UmphenourCourt of Appeals for the Ninth Circuit · 2019
- Keith Mitchell v. Anthony HedgpethCourt of Appeals for the Ninth Circuit · 2015
- Victor Washington v. Kilolo KijakaziCourt of Appeals for the Ninth Circuit · 2023
- Wayne Prater v. Pennsylvania Department of CorCourt of Appeals for the Third Circuit · 2023
20 more not listed; retrieve them via the Exa API.