Magistrate Judge erred in dismissing pro se plaintiff’s action alleging that defendant denied him due process when dismissing his race discrimination claim, where although plaintiff had consented to Magistrate Judge deciding instant action, Magistrate Judge dismissed case as part of screening process under 28 USC section 1915(e), after plaintiff had sought leave to proceed in forma pauperis, but before defendant had been served with instant complaint, and thus before defendant had given Magistrate Judge consent to act on instant complaint. As such, remand was required since Magistrate Judge lacked authority to dispose of plaintiff’s case on screening or otherwise in absence of consent from defendant. Ct. further observed that: (1) dismissals under 28 USC section 1915(e)(2)(B)(ii) must be treated as full-fledged dismissals on merits; and (2) Dist. Ct. on remand would be free to take Magistrate Judge’s decision as report and recommendation and proceed accordingly. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Jurisdiction