Taylor v. Oxford

HARLINGTON WOOD, JR., Circuit Judge.

By order of this court entered on September 29, 1977, the parties were requested to respond to the question of whether or not this court had jurisdiction to entertain this appeal directly from a “judgment” entered by a United States Magistrate granting defendants’ motion to dismiss for failure to state a cause of action. It was further ordered on October 26, 1977, that the jurisdiction issue be taken with the case when argued on the merits. We believe this court lacks jurisdiction.

Plaintiff filed in the Circuit Court of Williamson County, Illinois, a…