Geaney v. Carlson, 84-2914
| Decision Date | 28 October 1985 |
| Docket Number | No. 84-2914,84-2914 |
| Citation | 776 F.2d 140 |
| Parties | Jeremiah GEANEY and Garvin Dale White, Plaintiffs-Appellants, v. Norman CARLSON, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Nancy Horgan, Carbondale, Ill., for plaintiffs-appellants.
Richard Lloyd, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., Benton, Ill., for defendants-appellees.
Before CUMMINGS, Chief Judge, EASTERBROOK, Circuit Judge, and WRIGHT, Senior Circuit Judge. *
In this case, a United States magistrate construed written communication from inmate plaintiffs as a voluntary dismissal under Fed.R.Civ.P. 41(a)(1)(i). Plaintiffs-appellants appealed this dismissal of their action, contending it was involuntary due to circumstances constituting duress. The appellees contend that this court lacks jurisdiction because the dismissal was voluntary and without prejudice and is therefore nonappealable. We hold that this court lacks jurisdiction to review the magistrate's dismissal, whether characterized as voluntary or involuntary, and we dismiss for lack of appellate jurisdiction.
Approximately two years prior to this litigation, United States Magistrate Meyers, whose district includes the United States Penitentiary at Marion, Illinois, issued an oral directive to the Bureau of Prisons requiring his approval prior to transferring inmates who have litigation pending in the Southern District. Transfers warranted by security or safety factors are approved by phone. In all other cases, absent compelling circumstances, inmates must remain at Marion so long as they have litigation pending. The magistrate claims that this directive has largely eliminated the extra administrative burdens and expenses of transferred prisoners' litigation.
On July 20, 1984, appellants Geaney and White, then federal prisoners at Marion, filed a lawsuit against federal prison officials and employees, claiming violations of their fifth, eighth, ninth, and fourteenth amendment rights under the Constitution.
In October 1984, appellants filed a pleading captioned "Motion Re Court's Transfer Prohibition." It requested relief from the magistrate's transfer directive and, in the alternative, requested that the magistrate dismiss the appellants' suit. The pleading included notice that should the suit be dismissed, the appellants would appeal the dismissal as one obtained under duress. Magistrate Meyers construed the appellants' pleading as a notice of voluntary dismissal pursuant to Fed.R.Civ.P. 41(a)(1)(i). Appellants were then transferred to federal prisons in Leavenworth, Kansas and Lewisburg, Pennsylvania. This appeal followed.
Appellees contend that plaintiffs lack standing to appeal because the dismissal was voluntary and without prejudice. Cauley v. Wilson, 754 F.2d 769, 770 (7th Cir.1985).
Appellants argue that the dismissal was involuntary and appealable. They rely on United States v. Procter & Gamble Co., 356 U.S. 677, 78 S.Ct. 983, 2 L.Ed.2d 1077 (1958). The Court in Procter & Gamble was reviewing a dismissal under Fed.R.Civ.P. 41(b) where the government had refused to comply with a discovery order under Fed.R.Civ.P. 34. The government had requested that the discovery order be amended to provide that, if production of requested transcripts were not made, the court would dismiss the complaint. When the government persisted in its refusal to comply with the order, the district court entered a judgment of dismissal. The Court in Procter & Gamble held that the dismissal was appealable, noting: "When the Government proposed dismissal for failure to obey, it had lost on the merits and was only seeking an expeditious review." Id. at 680-81, 78 S.Ct. at 985.
We need not decide whether this dismissal was voluntary or involuntary. We lack jurisdiction under either analysis.
When a plaintiff voluntarily dismisses his action without prejudice, he receives the relief requested and has no rational Appellants' claim was properly before the magistrate under Local Rule 30(a), United States District Court for the Southern District of Illinois, which provides that all "Prisoner Petitions," including complaints filed pursuant to 28 U.S.C. Sec. 1331, are automatically referred to a full-time magistrate upon filing. Under Fed.R.Civ.P. 41(a)(1)(i), a voluntary dismissal occurs upon the filing of timely notice by the plaintiff and does not require an order or other action by the court. Such a dismissal is without prejudice unless otherwise stated in a notice or unless the same action has previously been dismissed. In this case, neither party contends that either of these two conditions is applicable.
basis to appeal the dismissal. Cauley, 754 F.2d at 771. Although the judgment is final, it is ordinarily not appealable because the dismissal does not qualify as an involuntary adverse judgment. 5 Moore's Federal Practice p 41.05 at 41-68 to 41-69 (2d ed. 1985); Cauley, 754 F.2d at 770
We find that, construing the appellants' motion as a notice of voluntary dismissal, this court lacks jurisdiction to review the dismissal.
Under 28 U.S.C. Sec. 636(b)(1)(A), "a judge may designate a magistrate to hear and determine any pretrial matter pending before the court, except a motion ... to involuntarily dismiss an action." Construing the dismissal here as involuntary, we lack jurisdiction because it was not a final order. 28 U.S.C. Sec. 1291. A magistrate may enter a final judgment only after a proper referral by the district court and upon consent by both parties. 28 U.S.C. Sec. 636(c)(1); Geras v. Lafayette Display Fixtures, Inc., 742 F.2d 1037, 1042 (7th Cir.1984). Appellate jurisdiction of this court over cases decided by magistrates under 28 U.S.C. Sec. 636(c)(1) is conferred only by 28 U.S.C. Sec. 636(c)(3).
Here, the record reflects and the parties agree that the appellees never consented to the magistrate's entry of final judgment as required by Sec. 636(c)(1) and Sec. 636(c)(3). Appellants argue that it would be unfair on the facts in this case to require appellees' consent because appellants were the only parties before the court at the time of the dismissal. However, we find no authority for relaxing or eliminating the consent requirements simply because the judgment of...
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Coleman v. Labor & Indus. Review Comm'n of Wis.
...other side, the Eighth Circuit, in Henry v. Tri-Services, Inc. , 33 F.3d 931, 933 (8th Cir. 1994), and our court in Geaney v. Carlson , 776 F.2d 140, 142 (7th Cir. 1985), hold that the magistrate cannot finally dispose of the case, on screening or otherwise, without the defendant's consent.......
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United States v. Henderson, 17-3549
..."failed to apply for [the] writ in accordance with the requirements of Federal Rule of Appellate Procedure 21(a)." Geaney v. Carlson , 776 F.2d 140, 142 (7th Cir. 1985).However, in a case involving a similar interlocutory appeal of a pretrial shackling order, the Ninth Circuit, sitting en b......
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