ORPIANO v. JOHNSON

No. 81-6584.

687 F.2d 44 (1982)

Quintin ORPIANO, Appellant, v. Gene M. JOHNSON, Warden; W. P. Rodgers, Asst. Warden (Security); R. A. Clendenen Correctional Corporal, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1982.


Attorney(s) appearing for the Case

Robert L. Flax, Richmond, Va., for appellant.

Richard F. Gorman, III, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Va., Richmond, Va., on brief), for appellees.

Before WIDENER, ERVIN and CHAPMAN, Circuit Judges.


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...

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