Johnson v. Secretary, Dept. of Health and Human Service s

Full title: Larry JOHNSON, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF HEALTH AND…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 21, 2000

210 F.3d 383 (9th Cir. 2000)

Opinion

210 F.3d 383 (9th Cir. 2000) Larry JOHNSON, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. No. 97-35100. United States Court of Appeals, Ninth Circuit January 21, 2000

Submitted January 18, 2000 ²

2 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

D.C. No. CV-93-00990-DCA

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Oregon Donald C. Ashmanskas, Magistrate Judge, Presiding.

Before BEEZER, O'SCANNLAIN, and THOMAS, Circuit Judges.

MEMORANDUM ¹

1 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Larry Johnson appeals pro se the magistrate judge's judgment upholding the Social Security Commissioner's decision finding that he was disabled as of July 28, 1982, but declining to reopen a prior decision. We vacate and remand for the district court to enter a final judgment.

Because the parties did not consent to entry of judgment by a magistrate judge, this court lacks jurisdiction over this appeal. See Nasca v. Peoplesoft (In re Nasca), 160 F.3d 578, 579 (9th Cir.1999).

VACATED and REMANDED.