Quintin Orpiano v. Gene M. Johnson, Warden W. P. Rodgers, Asst. Warden (Security) R. A. Clendenen Correctional Corporal

ERVIN, Circuit Judge:

This appeal raises the issues whether a prisoner’s § 1983 action was properly referred to a magistrate under 28 U.S.C. § 636(b)(1)(B) without the prisoner’s consent, and whether the district court made a proper review of the record before accepting the magistrate’s recommendations. We hold that consent from the prisoner was not necessary to refer this case to a magistrate, but that the district court failed to make the required review of the evidence before accepting the magistrate’s recommendations. Accordingly, we reverse and remand.

I

Mr. Quintín Orpiano was an inmate at…