Hill v. City of Seven Points, No. 99-41022

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtRHESA HAWKINS BARKSDALE
Citation230 F.3d 167
Decision Date11 October 2000
Docket NumberNo. 99-41022
Parties(5th Cir. 2000) MARIAN HILL, Plaintiff-Appellee, v. CITY OF SEVEN POINTS; ET AL., Defendants, CITY OF SEVEN POINTS; TERESA DRUM, Individually and in official capacity; ROGER ALLEN, Individually and in official capacity; C. W. DANIEL, Individually and in official capacity; RANDY WHITEHURST, Individually and in official capacity; ANNIE LONGACRE, Individually and in official capacity; TOMMIE TAYLOR, Individually and in official capacity; DON ALLSUP, Individually and in official capacity; MARY REID, Individually and in official capacity; MARIE DAVIS, Individually and in official capacity; LYNN CLOWDUS, Individually and in official capacity; FOREST EVERITT, Individually and in official capacity; CLAUDETT ALLSUP, Individually and in official capacity; GERALD TAYLOR, Individually and in official capacity, Defendants-Appellants

Page 167

230 F.3d 167 (5th Cir. 2000)
MARIAN HILL, Plaintiff-Appellee,
v.
CITY OF SEVEN POINTS; ET AL., Defendants,
CITY OF SEVEN POINTS; TERESA DRUM, Individually and in official capacity; ROGER ALLEN, Individually and in official capacity; C. W. DANIEL, Individually and in official capacity; RANDY WHITEHURST, Individually and in official capacity; ANNIE LONGACRE, Individually and in official capacity; TOMMIE TAYLOR, Individually and in official capacity; DON ALLSUP, Individually and in official capacity; MARY REID, Individually and in official capacity; MARIE DAVIS, Individually and in official capacity; LYNN CLOWDUS, Individually and in official capacity; FOREST EVERITT, Individually and in official

Page 168

capacity; CLAUDETT ALLSUP, Individually and in official capacity; GERALD TAYLOR, Individually and in official capacity, Defendants-Appellants.
No. 99-41022
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
October 11, 2000

Appeal from the United States District Court for the Eastern District of Texas

Before BARKSDALE and BENAVIDES, Circuit Judges, and VELA*, District Judge.

RHESA HAWKINS BARKSDALE, Circuit Judge:

This appeal is from a magistrate judge's denial of Appellants' summary judgment motion based on the defenses of absolute, qualified, and sovereign immunity. Pursuant to 28 U.S.C. § 636(c)(1), the parties consented to proceed to final judgment before the magistrate judge; however, the order of reference included in the consent form lacks the signature of the district judge. Because we are unsure whether, absent that signature, the magistrate judge had jurisdiction to render a final judgment, and, therefore, are unsure whether we have jurisdiction over this appeal, we REMAND.

The district court's order of reference, or special designation, pursuant to § 636(c)(1), is a jurisdictional concern. See Mendes Jr. Int'l Co. v. M/V Sokai Maru, 978 F.2d 920, 924 (5th Cir. 1992) ("[A]bsence of the appropriate consent and reference (or special designation) order results in a lack of jurisdiction (or at least fundamental error that may be complained

Page 169

of for the first time on appeal)."); Parks v. Collins, 761 F.2d 1101, 1105-06 (5th Cir. 1985) ("[F]atal to the magistrate's exercise of authority is the lack of any order of reference from the district judge."). None of the parties raised this jurisdictional issue on appeal. Of course, we "must examine the basis of [our] jurisdiction, on [our] own motion, if necessary". Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987).

"Upon the consent of the parties, a full-time magistrate [judge] ... may conduct any or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case, when specially designated to exercise such jurisdiction by the...

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41 practice notes
  • United States v. Hollingsworth, No. 13–31265.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 14, 2015
    ...federal prisoner's motion to vacate conviction or sentence to a magistrate judge violated the Constitution); Hill v. City of Seven Points, 230 F.3d 167 (5th Cir.2000) (holding that a post-consent reference order signed by the district judge was required to vest authority in a magistrate jud......
  • Positive Black Talk Inc. v. Cash Money Records, No. 03-30625.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 17, 2004
    ...have considered the question of subject matter jurisdiction sua sponte in the absence of such briefing. See Hill v. City of Seven Points, 230 F.3d 167, 169 (5th Cir.2000) (recognizing that the court must, if necessary, consider its subject matter jurisdiction on its own motion). Thus, PBT's......
  • Santos-Sanchez v. U.S., No. 07-40145.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 6, 2008
    ...pursuant to § 636(c)(1), is a jurisdictional concern" that we must examine, sua sponte if necessary. Hill v. City of Seven Points, 230 F.3d 167, 168 (5th Cir. 2000). "[W]hen the magistrate enters judgment pursuant to 28 U.S.C. § 636(c)(1), absence of the appropriate consent and reference (o......
  • United States v. Hollingsworth, No. 13-31265
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 14, 2015
    ...federal prisoner's motion to vacate conviction or sentence to a magistrate judge violated the Constitution); Hill v. City of Seven Points, 230 F.3d 167 (5th Cir. 2000) (holding that a post-consent reference order signed by the district judge was required to vest authority in a magistrate ju......
  • Request a trial to view additional results
41 cases
  • United States v. Hollingsworth, No. 13–31265.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 14, 2015
    ...federal prisoner's motion to vacate conviction or sentence to a magistrate judge violated the Constitution); Hill v. City of Seven Points, 230 F.3d 167 (5th Cir.2000) (holding that a post-consent reference order signed by the district judge was required to vest authority in a magistrate jud......
  • Positive Black Talk Inc. v. Cash Money Records, No. 03-30625.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 17, 2004
    ...have considered the question of subject matter jurisdiction sua sponte in the absence of such briefing. See Hill v. City of Seven Points, 230 F.3d 167, 169 (5th Cir.2000) (recognizing that the court must, if necessary, consider its subject matter jurisdiction on its own motion). Thus, PBT's......
  • Santos-Sanchez v. U.S., No. 07-40145.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 6, 2008
    ...pursuant to § 636(c)(1), is a jurisdictional concern" that we must examine, sua sponte if necessary. Hill v. City of Seven Points, 230 F.3d 167, 168 (5th Cir. 2000). "[W]hen the magistrate enters judgment pursuant to 28 U.S.C. § 636(c)(1), absence of the appropriate consent and reference (o......
  • United States v. Hollingsworth, No. 13-31265
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 14, 2015
    ...federal prisoner's motion to vacate conviction or sentence to a magistrate judge violated the Constitution); Hill v. City of Seven Points, 230 F.3d 167 (5th Cir. 2000) (holding that a post-consent reference order signed by the district judge was required to vest authority in a magistrate ju......
  • Request a trial to view additional results

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