O'Connor

These appeals present the question whether 28 U.S.C. § 636 (b)(1)(A) empowers a federal magistrate judge to enter a final order on a post-judgment motion for attorney’s fees. We hold that it does not.

I. PROCEDURAL BACKGROUND

Following a jury verdict in their favor in a civil rights action under 42 U.S.C. § 1983 , the plaintiffs filed a motion for an award of attorney’s fees and costs pursuant to 42 U.S.C. § 1988 . The district court ordered the motion referred to a magistrate judge; the court’s order did not specify the subpara-graph of 28 U.S.C. § 636 pursuant to which the reference was made. The magistrate considered the motion and issued findings of fact and conclusions of law, which stated in part:

*657 The magistrate entered an order awarding attorney’s fees and costs to the plaintiffs in the amount of $340,323.94. The defendants filed a timely motion for reconsideration of the magistrate’s order. See N.D.Cal.Local R. 410-2(a) (a party has ten days to file a motion for reconsideration by the district judge of an order entered by a magistrate judge under 28 U.S.C. § 636 (b)(1)(A)). Because the district court did not act within thirty days on the motion for…