Judges: Per Curiam
Filed: Mar. 23, 2018
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted March 23, 2018* Decided March 23, 2018 Before KENNETH F. RIPPLE, Circuit Judge ILANA DIAMOND ROVNER, Circuit Judge AMY C. BARRETT, Circuit Judge No. 17-2979 SEAN ANTHONY McNUTT, Appeal from the United States District Plaintiff-Appellant, Court for the Eastern District of Wisconsin. v. No. 17-CV-375-JPS WILLIAM SAVAGAIN & RYA
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted March 23, 2018* Decided March 23, 2018 Before KENNETH F. RIPPLE, Circuit Judge ILANA DIAMOND ROVNER, Circuit Judge AMY C. BARRETT, Circuit Judge No. 17-2979 SEAN ANTHONY McNUTT, Appeal from the United States District Plaintiff-Appellant, Court for the Eastern District of Wisconsin. v. No. 17-CV-375-JPS WILLIAM SAVAGAIN & RYAN..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted March 23, 2018*
Decided March 23, 2018
Before
KENNETH F. RIPPLE, Circuit Judge
ILANA DIAMOND ROVNER, Circuit Judge
AMY C. BARRETT, Circuit Judge
No. 17‐2979
SEAN ANTHONY McNUTT, Appeal from the United States District
Plaintiff‐Appellant, Court for the Eastern District
of Wisconsin.
v.
No. 17‐CV‐375‐JPS
WILLIAM SAVAGAIN &
RYAN DEWITT, J. P Stadtmueller,
Defendants‐Appellees. Judge.
O R D E R
Sean McNutt, a prisoner seeking in forma pauperis status, filed a lawsuit in
which he alleged that police officers illegally eavesdropped on a telephone call, and he
consented to a magistrate judge deciding the case, see 28 U.S.C. § 636(c). The magistrate
judge screened the complaint, dismissed it for failure to state a claim, and entered
judgment before the defendants were served. See 28 U.S.C. §§ 1915(e)(2)(B)(ii);
* We have agreed to decide the case without oral argument because the briefs and
record adequately present the facts and legal arguments, and oral argument would not
significantly aid the court. See FED. R. APP. P. 34(a)(2)(C).
No. 17‐2979 Page 2
1915A(b)(1). McNutt then moved for leave to amend his complaint. After the magistrate
judge denied the motion, McNutt appealed. We did not reach the merits of that appeal,
however, because McNutt’s consent alone had been insufficient to give the magistrate
judge authority to enter a final judgment. See Coleman v. Labor & Industry Review
Comm’n, 860 F.3d 461, 475 (7th Cir. 2017), cert. denied, 138 S. Ct. 739 (2018). We therefore
vacated the judgment and remanded the case. Then, a district judge independently
screened the complaint and dismissed it for failure to state a claim. A separate judgment
followed.
On appeal McNutt argues that the district judge lacked jurisdiction to dismiss
the complaint because the defendants were never served with process and therefore
“never had any occasion to consent, or not, to proceed before a magistrate judge.” This
argument appears to be premised on a misunderstanding of our remand based on
Coleman. District judges, unlike magistrate judges, do not require the consent of all
parties to enter final judgment. See Geras v. Lafayette Display Fixtures, Inc., 742 F.2d 1037,
1040 (7th Cir. 1984) (“The fact that magistrates can exercise their authority only with the
litigants’ consent is a significant distinction from the nature of the authority exercised
by the district judges.”). Thus, a final judgment must be entered either by a district judge
or by a magistrate judge presiding with the parties’ consent. McNutt is simply mistaken
about the need for the defendants’ consent to the district judge’s jurisdiction.
McNutt also appears to challenge the district court’s authority to dismiss his
complaint before the defendants were served with process. But the Prison Litigation
Reform Act provides that a district court must screen a complaint “before docketing, if
feasible or, in any event, as soon as practicable after docketing.” 28 U.S.C.A. § 1915A. So
the district court was not required to wait for service on the defendants before screening
the complaint. See 28 U.S.C. § 1915(e)(2)(B) (“[T]he court shall dismiss the case at any
time…”) (emphasis added); Rowe v. Shake, 196 F.3d 778, 783 (7th Cir. 1999) (district court
“may screen the complaint prior to service on the defendants.”). Indeed, district courts
should screen the complaint before service, “to ensure that the targets of frivolous or
malicious suits need not bear the expense of responding.” Wheeler v. Wexford Health
Sources, Inc., 689 F.3d 680, 681 (7th Cir. 2012).
McNutt raises no arguments in his brief concerning the merits of the dismissal.
Thus, because there is no jurisdictional issue, the judgment of the district court is
AFFIRMED.