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WILLIAM H. ALDRICH; HELEN CLAYS; JATINA GREENHALGH; DAWN LATTIN; LEONARD SISK, Plaintiffs-Appellants, v. RICHARD L. BOWEN, in his representati

ORDER

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. Hotwax 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 judgement is a nullity, and because the district court had no jurisdiction to enter judgment, this court has no jurisdiction to hear the appeal.

DISMISSED, no party to recover costs in this court.

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ALDRICH v. BOWEN
(Dec 12, 1997)