FORD v. ESTELLE

No. 83-2151.

740 F.2d 374 (1984)

Roosevelt FORD, Plaintiff-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 4, 1984.


Attorney(s) appearing for the Case

Roosevelt Ford, pro se.

Patrick Zummo, Baker & Botts, Houston, Tex. (court-appointed), for plaintiff-appellant.

Jim Mattox, Atty. Gen., Richard W. Meyer, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Harold J. Krent, William Kanter, Attys., Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, D.C., for intervenor-U.S.A.

Before RUBIN, REAVLEY and TATE, Circuit Judges.


REAVLEY, Circuit Judge:

This case requires that we decide whether the Magistrates Act, 28 U.S.C. § 636 (Supp. V 1982), authorizes a district court to refer a prisoner's civil rights action to a United States magistrate for jury trial without the parties' consent. Holding that the statute does not authorize such a reference, we vacate the district court's order of dismissal and remand.

I

The procedural history of this case is typical of prisoner...

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