TaiLexi AI U.S. Case Law

Aldrich v. Bowen

William H. Aldrich Helen Clays Jatina Greenhalgh Dawn Lattin Leonard Sisk v. Richard L. Bowen, in His Representative Capacity as President of Idaho State University (Isu) Idaho State Board of Education John Does Jane Does Gordon Hinckley the Church of Latter Day Saints (Lds or Mormon Church)

Aldrich v. Bowen, 130 F.3d 1364 (9th Cir. 1997)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
December 12, 1997
Docket
No. 96-35491
Citations
130 F.3d 136497 Daily Journal DAR 150171997 WL 76477197 Cal. Daily Op. Serv. 93151997 U.S. App. LEXIS 34821

Opinion

130 F.3d 1364

William H. ALDRICH; Helen Clays; Jatina Greenhalgh; Dawn Lattin; Leonard Sisk, Plaintiffs-Appellants, v. Richard L. BOWEN, in his representative capacity as President of Idaho State University (ISU); Idaho State Board of Education; John Does; Jane Does; Gordon Hinckley; The Church of Latter Day Saints (LDS or Mormon Church), Defendants-Appellees.

No. 96-35491.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 4, 1997. Decided Dec. 12, 1997.

Susan B. Loob, Los Angeles, CA; Timothy Ford, MacDonald, Hoague & Bayless, Seattle, WA, for the plaintiffs-appellants.

Donald W. Lojek, Lojek & Strother, Boise, ID, for defendants-appellees Bowen and Idaho State Board of Education.

R.B. Rock, Moffatt, Thomas, Barrett, Rock & Fields, Boise, ID, for defendant-appellee The Church of Jesus Christ of Latter-Day Saints.

Appeal from the United States District Court for the District of Idaho; Mikel H. Williams, Magistrate Judge, Presiding. D.C. No. CV-95-00291-MHW.

Before: GOODWIN, REAVLEY * and KLEINFELD, Circuit Judges.

1

This appeal is dismissed for want of jurisdiction. The case was assigned to a magistrate judge pursuant to a general order of the District Court for the District of Idaho, and proceeded to judgment. The magistrate judge had no jurisdiction to hear the case because the record contains no written consent of the parties as required by 28 U.S.C. § 636 (c)(1) and Fed.R.Civ.P. 73(b). See Alaniz v. California Processors, Inc., 690 F.2d 717, 720 (9th Cir.1982); Columbia Record Productions v. Hot Wax Records, 966 F.2d 515, 517 (9th Cir.1992); Estate of Conners by Meredith v. O'Connor, 6 F.3d 656 , 658 (9th Cir.1993). Because the magistrate judge acted without jurisdiction, the judgment is a nullity, and because the district court had no jurisdiction to enter judgment, this court has no jurisdiction to hear the appeal.

2

DISMISSED, no party to recover costs in this court.

* Honorable Thomas M. Reavley, Senior United States Circuit Judge for the Fifth Circuit, sitting by designation

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 13 cases

View all citing references →
1998: 11999: 52001: 32003: 12005: 12008: 12014: 119982026peak 1999 · 5

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Estate of Conners ex rel. Meredith v. O'Connor, 6 F.3d 656 (9th Cir. 1993) 45
Alaniz v. Cal. Processors, Inc., 690 F.2d 717 (9th Cir. 1982) 37
Columbia Record Productions, Etc. v. Hot Wax Records, Inc., 966 F.2d 515 (9th Cir. 1992) 17

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list