IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40296
Summary Calendar
TIMOTHY A. AGUILAR,
Plaintiff-Appellant,
versus
JAMES MEYER, Doctor at Coffield Unit
ET AL.,
Defendants,
UNIDENTIFIED RIVERS, Sgt. at Coffield
Unit; UNIDENTIFIED CHAMBERS, Sgt. at
Coffield Unit,
Defendants-Appellees.
_____________________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:95-CV-527
_____________________________________
June 11, 1998
Before JONES, SMITH and STEWART, Circuit Judges
PER CURIAM:*
Texas state prisoner Timothy A. Aguilar, no. 647166, appeals the magistrate judge’s denial
of his Fed. R. Civ. P. 60(b) motion to reconsider the final judgment dismissing with prejudice his 42
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
U.S.C. § 1983 action. Aguilar argues that the magistrate judge lacked jurisdiction to deny the Rule
60(b) motion. Aguilar’s jurisdictional argument is the only challenge he makes to the magistrate
judge’s denial of his Rule 60(b) motion.
The magistrate judge had jurisdiction to decide the Rule 60(b) motion by virtue of the fact that
at the beginning of the action the parties consented to have the magistrate judge decide any and all
proceedings and the district court issued an order of reference referring the case to the magistrate
judge. See 28 U.S.C. § 636(c)(1); Parks v. Collins, 761 F.2d 1101, 1106 (5th Cir.1985). The
magistrate judge’s denial of Aguilar’s Rule 60(b) motion is AFFIRMED.
Aguilar’s motion to strike the appellees’ letter brief for failure to comply with federal and local
rules of civil procedure is DENIED.
AFFIRMED. MOTION DENIED.