IN RE WICKLINE

No. 85-2338.

796 F.2d 1055 (1986)

In re Lee Odith WICKLINE, Petitioner, United States, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1986.


Attorney(s) appearing for the Case

J. Earlene Farr, Kansas City, Mo., for petitioner.

Linda Silberman, Washington, D.C., for intervenor.

Rosalynn Van Geest, Jefferson City, Mo., for respondent.

Before LAY, Chief Judge, ROSS and WOLLMAN, Circuit Judges.


ROSS, Circuit Judge.

Petitioner Lee Odith Wickline seeks a writ of mandamus compelling the district court to vacate its order referring his civil rights case to the magistrate for a jury trial without his consent. Because we conclude that no statutory authority exists for nonconsensual reference of a prison conditions case to a magistrate for jury trial, we grant the writ.

I. Background

Petitioner, an inmate of the Missouri State Penitentiary, filed...

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