Kendall v. Davis, 77-2512
Decision Date | 23 March 1978 |
Docket Number | No. 77-2512,77-2512 |
Citation | 569 F.2d 1330 |
Parties | Kelly KENDALL, Plaintiff-Appellee, v. William DAVIS, Paul Dean, and Harry Huge, Trustees of the United Mine Workers of America Welfare and Retirement Funds of 1950, Defendants-Appellants. Summary Calendar. * |
Court | U.S. Court of Appeals — Fifth Circuit |
William E. Mitch, Earl T. Brown, Jr., Birmingham, Ala., Robert D. Nesler, Washington, D. C., for defendants-appellants.
Frank O. Burge, Jr., Birmingham, Ala., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Alabama.
Before MORGAN, CLARK, and TJOFLAT, Circuit Judges.
The defendants appeal a judgment entered by a United States magistrate. We dismiss the appeal for want of jurisdiction.
The magistrate heard this case pursuant to 28 U.S.C.A. § 636(b)(2), which allows a district judge to "designate a magistrate to serve as a special master in any civil case, upon consent of the parties, without regard to the provisions of rule 53(b) of the Federal Rules of Civil Procedure for the United States district courts." This statute does not authorize the entry of final judgment by a magistrate; rather, Section 636(b)(1) provides both for close supervision of the magistrate and for review of his findings and recommendations by the district court. Rule 53(e) of the Federal Rules of Civil Procedure governs this review. 1
* Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.
1 Congress has authorized magistrates to convict and sentence persons accused of minor offenses, but appeal from the magistrate's judgment is to the district court. 18 U.S.C.A. §§ 3401, 3402 (1969). Magistrates also may be designated to decide certain pretrial matters, subject to reconsideration by the district judge. 28 U.S.C.A. § 636(b)(1)(A) (1977 Supp.). The only...
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U.S. v. Forcellati, No. 79-1225
...1291, which gives the courts of appeals jurisdiction of appeals from all final decisions of the district courts. See Kendall v. Davis, 569 F.2d 1330, 1331 (5th Cir. 1978); United States v. Hughes, supra, 542 F.2d at 248 n. 3; United States v. Margraf, supra, 483 F.2d at 709. The statutory g......
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Velasquez v. Metro Fuel Oil Corp.
...states that 28 U.S.C. § 636(b) “does NOT authorize a magistrate to enter final judgment.” (Pl.'s Obj. at 2 (citing Kendall v. Davis, 569 F.2d 1330, 1330 (5th Cir.1978) ).) Plaintiff also appears to argue that consent of the parties is required for a magistrate judge to consider a motion. (S......
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United Steelworkers of America, AFL-CIO v. Bishop, AFL-CIO
...lacks power to enter an injunction even in a case where the district court has jurisdiction. This Court concluded in Kendall v. Davis, 569 F.2d 1330 (5th Cir. 1978), that 28 U.S.C.A. § 636(b)(2) does not authorize entry of a final judgment by a magistrate. See also Cason v. Owen, 578 F.2d 5......
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Webb v. Califano
...the proceedings of a civil trial conducted before the magistrate before it can enter final judgment." Id. at 292, citing Kendall v. Davis, 569 F.2d 1330 (5th Cir. 1978) (same rule stated); accord, Horton v. State Street Bank & Trust Co., 590 F.2d 403 (1st Cir. 1979); Cason v. Owen, 578 F.2d......