Yeldon v. Fisher et al, No. 11-2334 (2d Cir. 2013)
Annotate this CasePlaintiff appealed from the district court's grant of defendants' motions for summary judgment on all of plaintiff's claims under 42 U.S.C. 1983. Plaintiff, a pro se prisoner, affirmatively signed a consent form indicating that he did not consent to disposition of the case by the Magistrate Judge. On the present record, the court could not say that plaintiff gave his implied consent. As a pro se litigant, he could not have appreciated that participating in proceedings before the Magistrate Judge could impugn the effectiveness of his written refusal to consent. The court also held that the lack of consent was a jurisdictional defect that could not be waived. Accordingly, the court vacated and remanded to the district court.
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