By: Derek Hawkins//June 20, 2017//
7th Circuit Court of Appeals
Case Name: Tracey Coleman v. Labor and Industry Review Commission of the State of Wisconsin
Case No.: 15-3254
Officials: WOOD, Chief Judge, and POSNER and WILLIAMS, Circuit Judges
Focus: Failure to State a Claim – Plaintiff Consent
Seeking to proceed without prepayment of fees, Tracey Coleman brought a pro se suit against the Labor and Industry Review Commission of the State of Wisconsin (Commission). At the same time as he submitted his affidavit of indigence, see 28 U.S.C. § 1915(a)(1), he filed a document indicating that he consented to have a magistrate judge decide the case. 28 U.S.C. § 636(c)(1). The magistrate judge dismissed the suit and entered a final judgment before the Commission was even served, and thus before it had any occasion either to consent to or to refuse the option of proceeding before the magistrate judge. Coleman appealed, and we recruited counsel to assist him. The question before us is whether a plaintiff’s consent alone can give a magistrate judge the necessary authority to resolve a case on the basis that the complaint fails to state a claim upon which relief can be granted, in a case that otherwise requires an Article III judge. We conclude that the answer is no: only consent by both (or all) parties will suffice, and so we must remand this case for further proceedings.
Vacated and remanded