![]() ![]() (c) Notwithstanding any provision of law to the contrary. Moreover, the magistrate's decision is not one of the district court and hence is not appealable under Section 1291. Waco Lighthouse for the Blind, 630 F.2d 352, 355 n. Only a district court can make a magistrate's decision final, and therefore appealable. Subsection (b) does not grant to a magistrate the authority to render a final judgment. ![]() The decision of a magistrate does not meet the requirements of that statute. The statutory basis that is the predicate for an appeal to this Court grants jurisdiction only over "final decisions of the district courts of the United States." 28 U.S.C.A. If subsection (b) is applicable, as we earlier held, no direct appeal to the Court of Appeals from the magistrate's decision is possible. The critical issue in this case is whether the magistrate acted under authority of subsection (b) or subsection (c) of 28 U.S.C.A.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |