Committee Notes on Rules—1998 Amendment
The Federal Courts Improvement Act of 1996, Pub. L. No. 104–317, repealed paragraphs (4) and (5) of 28 U.S.C. § 636 (c). That statutory change means that when parties consent to trial before a magistrate judge, appeal lies directly, and as a matter of right, to the court of appeals under § 636(c)(3). The parties may not choose to appeal first to a district judge and thereafter seek discretionary review in the court of appeals.
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