Frederick Lee Jackson v. Michael Barnes et al
Filing
153
ORDER VACATING MAGISTRATE JUDGE ORDER 151 by Judge Ronald S.W. Lew. Magistrate Judge Zarefsky'sOrder 151 denying Plaintiff's Motion for Review isHEREBY VACATED. See order for complete details. (jre)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
11
12 FREDERICK LEE JACKSON,
13
Plaintiff,
14
v.
15
16 MICHAEL BARNES, et al.,
17
Defendants.
18
19
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
2:04-cv-08017-RSWL-RAO
ORDER VACATING
MAGISTRATE JUDGE ORDER
[151]
20
On April 29, 2015, Magistrate Judge Ralph Zarefsky
21
issued an Order [151] denying Plaintiff’s Motion for
22
Review [142].
Plaintiff’s Motion for Review [142] is
23
pursuant to Rule 72 of the Federal Rules of Civil
24
Procedure and, because Plaintiff is pro se, can be
25
construed as a request to review Magistrate Judge
26
Zarefsky’s nondispositive Order [137] dismissing
27
without prejudice Plaintiff’s Second Amended Complaint.
28
1
1
Rule 72 allows a party to object to a magistrate
2 judge’s nondispositive order and requires the “district
3 judge in the case” to consider such an objection if
4 timely filed.
Fed. R. Civ. P. 72(a).
Because Rule 72
5 authorizes only a “district judge” to decide a motion
6 for review of a magistrate judge’s nondispositive
7 decision, the April 29, 2015, Order [151] by Magistrate
8 Judge Zarefsky deciding Plaintiff’s Motion for Review
9 pursuant to Rule 72 [142] exceeded Magistrate Judge
10 Zarefsky’s authority and is thus contrary to law.
11
Based on the foregoing, Magistrate Judge Zarefsky’s
12 Order [151] denying Plaintiff’s Motion for Review is
13 HEREBY VACATED.
See Fed. R. Civ. P. 72(a); Allen v.
14 Meyer, 755 F.3d 866, 869 (9th Cir. 2014); Reynaga v.
15 Cammisa, 971 F.2d 414 (9th Cir. 1991).
16
17 IT IS SO ORDERED.
18
19 DATED: May 5, 2015
HONORABLE RONALD S.W. LEW
Senior U.S. District Judge
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?