DaSilva v. Rymarkiewicz

Federal 7th Circuit Court
Civil Court
Appellate Jurisdiction
Citation
Case Number: 
No. 16-1231
Decision Date: 
April 24, 2018
Federal District: 
E.D. Wisc.
Holding: 
Appellate jurisdiction confirmed.

Ct. of Appeals had jurisdiction to consider plaintiff-prisoner’s appeal of orders entered by Magistrate Judge in plaintiff’s section 1983 action alleging that defendants-three prison guards were deliberately indifferent to his medical needs. Record showed that Magistrate Judge dismissed one defendant upon initial screening prior to time state had agreed to have Magistrate Judge consider case on its merits and subsequently granted motion for summary judge filed by remaining two defendants at time after state had given consent under 28 USC section 636(c) to have matter proceed before Magistrate Judge. As such, no remand for entry of final order by Dist. Ct. was required, where: (1) record showed that state’s agreement to have Magistrate Judge proceed on matter covered all three defendants; and (2) said agreement essentially ratified initial order dismissing third defendant from case. As such, record showed that all parties had consented to proceeding before Magistrate Judge by time said judge had entered final judgment dismissing entire action.