Friday, June 20, 2014

Allen v. Meyer (9th Cir. - June 20, 2014)

"Allen consented to jurisdiction before a magistrate judge, but the record confirms—and the parties concede—that the officers never did the same. On two occasions during the pendency of the motion to dismiss [filed by the officers], the magistrate judge ordered the officers to reject or consent to magistrate-judge jurisdiction. After the magistrate judge’s first order, the officers filed their reply brief but failed to address the consent issue. Acknowledging that the officers had not yet consented to his jurisdiction, the magistrate judge then issued a second order and set a deadline for the officers to respond. Inexplicably, without waiting for the officers’ response or for this second deadline to pass, the magistrate judge granted the officers’ motion to dismiss and entered judgment against Allen."
Not the most impressive performance by Fresno Magistrate Judge Gerald Cohn.  Or, for that matter, by the California Attorney General's office, which represented the officers.