Allen

Allen v. Internal Revenue Service

Good Law
78 F. App'x 605
United States Court of Appeals for the Ninth CircuitOctober 17, 2003No. 03-15894; D.C. No. CV-03-00070-DKDCalifornia315 words

Opinion

Lead Opinion

MEMORANDUM ***

Kenneth L. Allen appeals pro se the district court’s judgment dismissing his *606 Freedom of Information Act (“FOIA”) action against the Internal Revenue Service (“IRS”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Allen contends on appeal that the judgment must be reversed on jurisdictional and procedural grounds. Allen’s primary contention is that the magistrate judge acted without jurisdiction. The magistrate judge, however, had jurisdiction to rule on all non-dispositive, pretrial matters. See 28 U.S.C. § 636 (b); Fed.R.Civ.P. 72(a). Furthermore, after both parties had consented in writing to the magistrate judge’s jurisdiction, the magistrate judge was authorized to enter a final order dismissing the action, and that order was appealable directly to the Court of Appeals. See 28 U.S.C. § 636 (c); Fed.R.Civ.P. 73.

Contrary to Allen’s contention, the district court’s order that he file an amended complaint conforming to Local Rule 1.9(d) did not require him to omit his FOIA claim against the IRS. See D. Ariz. R. 1.9(d) (“Any party filing an amended pleading shall retype the entire pleading and may not incorporate any part of the preceding…

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