An opinion was filed in this case on March 30, 1987, holding that the district court was without jurisdiction to refer the prisoner's section 1983 action to the magistrate for trial. [Previously published in advance sheet] Martinez v. Staudt, 815 F.2d 585 (10th Cir.1987). Before the mandate was to issue 21 days later, see Fed.R.App.P. 41(a), the court stayed it on its own motion.
The original appeal in this case was filed pro se. Whether the magistrate...
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