BRIAN J. WOODS (89-3991), PLAINTIFF-APPELLANT,
v.
ERIC DAHLBERG; GEORGE WILSON, DEFENDANTS-APPELLEES; ERNEST RALPH ELLIS, SR. (89-3992), PLAINTIFF-APPELLANT, V. AMERICAN RED CROSS, DEFENDANT-APPELLEE

6th Cir. | 1990-01-09
Nos. 89-3991, 89-3992
Before MILBURN and GUY, Circuit Judges, and LIVELY, Senior Circuit Judge.
894 F.2d 187 United States Court of Appeals for the Sixth Circuit (1990) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

Magistrates do not have the authority to deny a motion to proceed in forma pauperis; such denials must be made by a district judge.


Facts & Procedural History

Plaintiffs appealed magistrate orders denying their motions to proceed in forma pauperis. The court sua sponte addressed the magistrates' authority to…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

These appeals have been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. The panel has consolidated the appeals since they raise the same issue.

Plaintiffs have both appealed from magistrate orders denying leave to proceed in forma pauperis. Sua sponte, we address the issue of whether magistrates have authority to deny a motion for pauper status and conclude that they do not.

The jurisdiction of magistrates is set forth in 28 U.S.C. § 636. Section 636(b)(1)(A) provides:

(A) a judge may designate a magistrate to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this sub-paragraph (A) where it has been shown that the magistrate’s order is clearly erroneous or contrary to law.

Although section 636(b)(1)(A) does not specifically reference a motion to proceed in forma pauperis, we conclude that a denial of such a motion is the functional equivalent of an involuntary dismissal and is outside the scope of a magistrate’s authority.1 A district judge is free to refer a motion for pauper status to a magistrate and if the decision is to grant such a motion, the magistrate may enter such an order. If the decision is to deny, however, the magistrate must make such a recommendation to the district judge who will then take final action. 28 U.S.C. § 636(b)(1)(B).2

These two cases are REMANDED to the district court for a decision by the district judge as to whether pauper status should be denied. The remands are without prejudice to the plaintiffs’ right to appeal in the event pauper status is denied.3

. It is clear that a denial of pauper status by a district judge is appealable. Roberts v. United States District Court, 339 U.S. 844, 70 S.Ct. 954, 94 L.Ed. 1326 (1950), and Foster v. United States, 344 F. 2d 698 (6th Cir.1965).

. We note that the Application to Proceed in Forma Pauperis (AO form 240, Rev. 6/86) is consistent with our conclusion in that it provides a signature line for a magistrate to sign the order if the petition is granted but, if the petition is denied, the signature line on the order references only the district judge.

. In Ambrose v. Welch, 729 F. 2d 1084 (6th Cir.1984), we held that an order denying pauper status to an applicant was not appealable since it was not clear whether the parties consented to the jurisdiction of the magistrate. 28 U.S.C. § 636(c)(1). However, in Ambrose the question of the propriety of the magistrate entering an order of denial was neither raised nor addressed. The issue of consent would seldom, if ever, be implicated in these proceedings since the application to proceed in pauper status must be granted before the suit is filed. Thus, at this stage of the proceedings there is really no opposite party able to consent.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw