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HOUGHTON v. OSBORNE

No. 85-4205.

834 F.2d 745 (1987)

Henderson Duval HOUGHTON, Plaintiff-Appellant, v. Glenn OSBORNE, Frank Tuss, H. William Coder, Joel G. Roth and Gladys M. Vance, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 14, 1987.

Attorney(s) appearing for the Case

Henderson Duval Houghton, pro se.

Barbara L. Bosman-Moss, Asst. Atty. Gen., Helena, Mont., for defendants-appellees Coder and Roth.

Nancy P. Cory, Ugrin, Alexander, Zadick & Slovak, Great Falls, Mont., for defendants-appellees Osborne, Tuss and Vance.

Before GOODWIN, ALARCON and LEAVY, Circuit Judges.

ALARCON, Circuit Judge:

The novel question presented to us in this appeal is whether the district court had the jurisdiction to refer the merits of the plaintiff's claim to a United States magistrate under 28 U.S.C. § 636 (1982). Because we determine that the claims at issue in this case do not involve conditions of confinement, we reverse the judgment of the district court insofar as it purported to refer a claim that...

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