In Lowery v. Tilden, No. 19-1365, consolidated with McCray v. Wilkie, No. 18-1637 (7th Cir. February 3, 2020), the Seventh Circuit took counsel to task for not providing a proper jurisdictional statement when each consolidated case involved an appeal from a Magistrate?s ruling. Chief Judge Wood said it best:
This court takes jurisdictional issues seriously?indeed, it is proud to have a reputation as a jurisdictional hawk. As part of our routine procedure, we screen all briefs filed before oral argument or submission on the briefs to ensure that our jurisdiction is secure and to catch any potential problems. Many such problems can easily be corrected, and when they are, the judges of the court can proceed in confidence to decide the case.
* * * *
In the two cases I have consolidated only for purposes of this opinion, a magistrate judge issued the final judgment from which the appeal has been taken. Circuit Rule 28(a)(2)(v) requires an appellant in such a case to include in its jurisdictional statement not only information about the magistrate judge?s involvement, but also ?the dates on which each party consented in writing to the entry of final judgment by the magistrate judge.? See also 28 U.S.C. ? 636(c). The information provided in each of these appeals fell short of the requirements of Circuit Rule 28.
* * * *
The significance of the information about the magistrate judge?s involvement and the consent of all parties to that judge?s resolution of the merits cannot be overstated. See Coleman v. Labor & Indus. Rev. Comm?n of the State of Wis., 860 F.3d 461 (7th Cir. 2017) (a magistrate judge has no authority to issue a final decision that is directly appealable to the court of appeals unless all parties consent).
* * * *
This rule is not a secret. It is clearly spelled out in Circuit Rule 28(a)(2)(v), and this court?s Practitioner?s Handbook for Appeals (2019 ed.) is readily available on the court?s public website ? The Handbook explicitly refers to the failure to provide dates of consent to proceed before a magistrate judge as one of the recurring problems that the court encounters when performing jurisdictional screening.
… We expect attorneys who practice before this court to give close attention to all of the rules, including Circuit Rule 28. I hope that this reminder will serve its intended purpose and that such readily avoided flaws will cease.