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Cok v. Forte, 95-1458 (1995)

Court: Court of Appeals for the First Circuit Number: 95-1458 Visitors: 4
Filed: Nov. 07, 1995
Latest Update: Mar. 02, 2020
Summary: GLADYS L. COK, ETC., ET AL.Circuit Judges.adopted by the district court.Family Court of Rhode Island, 985 F.2d 32, 34 (1st Cir.without the parties' consent.magistrate's report.injunction proposed by the magistrate.review of the record.
USCA1 Opinion









November 7, 1995
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



____________________


No. 95-1458

GLADYS L. COK, ETC., ET AL.,

Plaintiffs, Appellants,

v.

MICHAEL FORTE,

Defendant, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND


[Hon. Raymond J. Pettine, Senior U.S. District Judge] __________________________

____________________

Before

Cyr, Boudin and Lynch,
Circuit Judges. ______________

____________________

Gladys L. Cok on brief pro se. _____________
Jeffrey B. Pine, Attorney General, and Richard B. Woolley, _________________ ____________________
Assistant Attorney General, on brief for appellee.


____________________


____________________
















Per Curiam. Upon review of the entire record, we __________

agree that the complaint was properly dismissed and affirm

essentially for the reasons stated in the magistrate's

December 19, 1994, report and recommendation which was

adopted by the district court. Cok v. Forte, 877 F. Supp. ___ _____

797 (D.R.I. 1995). We are also persuaded that the imposition

of a narrow, well-defined injunction against plaintiff Cok

was justified. The basis for the injunction is well

supported in the record. The filing restrictions set out in

the order are grounded in a comprehensive history of Cok's

ten-years of litigation, were entered after notice, hearing

and the opportunity to object, and are unambiguously

"tailored to the specific circumstances presented." Cok v. ___

Family Court of Rhode Island, 985 F.2d 32, 34 (1st Cir. _______________________________

1993).

We add these additional comments. Plaintiffs

contend that they never consented to have their case heard by

a magistrate-judge, that the magistrate exceeded the scope of

his authority and that the district judge, in adopting the

magistrate's recommended disposition, including the proposed

injunction, failed to conduct a de novo review as mandated by

28 U.S.C. 636(b)(1)(C). First, while a magistrate lacks

authority to issue a dispositive order, including an order

allowing an injunction, without the consent of the parties to

a decision by a magistrate, 28 U.S.C. 636(c)(1), section

















636(b)(1)(B) permits a district judge to refer a motion for

injunctive relief to a magistrate for a proposed disposition

without the parties' consent. Here, the magistrate merely

recommended the imposition of an injunction; he did not order

it. Second, plaintiffs filed timely objections to the

magistrate's report. In accepting that report, the district

court especially noted and approved the wording of the narrow

injunction proposed by the magistrate. The docket shows that

the district judge had, on a number of occasions, examined

Cok's claims before referring them to the magistrate. We

will not presume, in the absence of contrary indicia, that

the district court conducted anything other than a complete

review of the record. See United States v. Hamell, 931 F.2d ___ _____________ ______

466, 468 (8th Cir.), cert. denied, 112 S. Ct. 347 (1991). ____ ______

Affirmed. ________

Appellant's motion for oral argument is denied. ______

Appellant's request for declaratory relief is

denied. ______

















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Source:  CourtListener

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