Unauthorized Practice of Law Comm., & Avram Cohen v. Reverend Gerald Gordon, 979 F.2d 11 (1st Cir. 1992). · Go Syfert
Unauthorized Practice of Law Comm., & Avram Cohen v. Reverend Gerald Gordon, 979 F.2d 11 (1st Cir. 1992). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 1993 · 1447(d)'s prohibition on review of a remand order dooms the appeal here. ≈ altered
72 citation events (40 in the last 25 years) across 12 distinct courts.
Strongest positive: Ardaneh v. Norfolk District Attorney (mad, 2025-07-15)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Ardaneh v. Norfolk District Attorney
D. Mass. · 2025 · confidence medium
Comm. v. Gordon, 979 F.2d 11, 13 (1st Cir. 1992) (declining to decide the question).
discussed Cited as authority (rule) Stefanoni v. L.F.I., Inc.
D. Mass. · 2025 · confidence medium
Comm. v. Gordon, 979 F.2d 11, 13 (1st Cir. 1992), I generally follow other district and magistrate judges in this circuit and assume that a motion for remand is a non-dispositive motion for purposes of 28 U.S.C. § 636 (b)(1) and Rule 72(a) of the Federal Rules of Civil Procedure.
cited Cited as authority (rule) Lawrence v. Shein US Services, LLC
D. Mass. · 2025 · confidence medium
Comm. v. Gordon, 979 F.2d 11, 13 (1st Cir. 1992) (declining to decide the question); Stefanik v. City of Holyoke, 597 F. Supp. 2d 184, 185 (D.
cited Cited as authority (rule) McKinney v. Steward St. Elizabeth's Medical Center of Boston, Inc.
D. Mass. · 2024 · confidence medium
Comm. v. Gordon, 979 F.2d 11, 12 (1st Cir. 1992).
cited Cited as authority (rule) Reaves v. Airnb-California
D.S.C. · 2023 · confidence medium
Miss. 1993)(a remand is “nondispositive and can be determined by a magistrate judge by final order.”); Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 12-13 (1st Cir. 1992).
discussed Cited as authority (rule) Khramova v. Van Ness
D. Mass. · 2022 · confidence medium
Mass. 2010) (discussing split of authority on whether remand motion is dispositive or non-dispositive; proceeding via report and recommendation); Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13 (ist Cir. 1992) (per curiam) (declining to decide); cf ML-CFC 2007-6 Puerto Rico Properties, LLC v. BBP Retail Properties, LLC, 951 F.3d 41 , 49 n.4 (1st Cir. 2020) (citing First Union Mortg.
discussed Cited as authority (rule) Kemp Sr v. Hugh Hardy (LVMPD)
D. Nev. · 2022 · confidence medium
Gillete v. Delmore, 979 F.2d 11 1342, 1348 (9th Cir. 1992) “When an individual sues a local government for violation of a 12 constitutional right, the municipality is liable if the individual can establish that the local 13 government ‘had a deliberate policy, custom, or practice that was the ‘moving force’ behind the 14 constitutional violation he suffered.” Galen v. County of L.A., 477 F.3d 652 , 667 (9th Cir.2007) 15 (quoting Monell, 436 U.S. at 694–95).
discussed Cited as authority (rule) DOYLE v. BABINE, COUNCILOR
D. Me. · 2020 · confidence medium
Comm. v. Gordon, 979 F.2d 11, 14 (1st Cir. 1992) (per curiam); see also 14 Moore’s Federal Practice § 72.11 (Matthew Bender 3d Ed. 2020) (“[B]ecause Rule 72(a) authorizes a magistrate judge to enter a final order on a nondispositive pretrial matter, a district judge does not have inherent authority to review such an order unless an objection is filed.”).
cited Cited as authority (rule) Blue Cross & Blue Shield of Rhode Island v. Korsen
D.R.I. · 2011 · confidence medium
Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 13 (1st Cir.1992).
discussed Cited as authority (rule) Valley Management, Inc. v. Boston Road Mobile Home Park Tenants Ass'n
D. Mass. · 2010 · confidence medium
Although the First Circuit itself has yet to resolve this question, see Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 12-13 (1st Cir.1992); see also Albright v. FDIC, 21 F.3d 419 , 1994 WL 109047 , at *2 n. 4 (1st Cir. Apr. 1, 1994) (unpublished), several district and magistrate judges within this circuit, including the undersigned in Ceria v. Town of Wendell, 443 F.Supp.2d 94 , 95 n. 1 (D.Mass.2006), have held or assumed that a remand motion is a “non-dispositive” matter which a magistrate judge may “hear and decide” pursuant to Fed.R.Civ.P. 72(a) and section 636(b)(1…
discussed Cited as authority (rule) STEFANIK v. City of Holyoke
D. Mass. · 2009 · confidence medium
Although the First Circuit has avoided the dispute, see Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 12-13 (1st Cir.1992); see also Albright v. FDIC, 21 F.3d 419 , 1994 WL 109047 , at *2 n. 4 (1st Cir. Apr. 1, 1994) (unpublished), several district and magistrate judges within this circuit, including the undersigned in Ceria v. Town of Wendell, 443 F.Supp.2d 94 , 95 n. 1 (D.Mass.2006), have held or assumed that a remand motion is a “non-dispositive” matter which a magistrate judge may “hear and decide” pursuant to Fed.R.Civ.P. 72(a) and section 636(b)(1)(A), see Societ…
discussed Cited as authority (rule) First TN Bank v. Dale
6th Cir. · 2004 · confidence medium
American Motors Corp. v. FTC, 601 Coleman v. American R ed Cro ss, 979 F.2d 11 35, 1137 (6th Cir. F.2d 132 9, 13 31-3 2 (6th Cir.), cert. denied, 444 U.S. 941 (1979), dealt 1992), cited by the Re ceivers, hold s this sort of injunctio n app ealab le with a district court’s direction to an administrative agency to cease its under the collateral order doctrine, rather than § 1292(a)(1), which investigations, which was held appealable as an order having the doctrine renders appealable a “preliminary or interim decision . . . when substance of an injunction.
discussed Cited as authority (rule) Haidak v. Collagen Corp.
D. Mass. · 1999 · confidence medium
STANDARD The Court reviews the magistrate’s report and recommendation denying Collagen’s motion for summary judgment de novo, see Unauthorized Practice *23 of Law Comm. v. Gordon, 979 F.2d 11, 12-13 (1st Cir.1992), but need only review those' “portions of the report or specified proposed findings or recommendations to which objection is made,” 28 U.S.C. § 636 (b)(1); see United States v. Wihbey, 75 F.3d 761, 766-67 (1st Cir.1996); Scott v. Schweiker, 702 F.2d 13, 14 (1st Cir.1983).
discussed Cited as authority (rule) Conetta v. National Hair Care Centers, Inc. (2×) also: Cited "see"
unknown court · 1998 · confidence medium
The First Circuit suggests this process in Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 12-13 (1st Cir.1992).
discussed Cited as authority (rule) Sunview v. Flexel
1st Cir. · 1997 · confidence medium
See ___ Pagano, 983 F.2d at 346 ; Unauthorized Practice of Law Comm. v. ______ ___________________________________ Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992) (per curiam); see also ______ ___ ____ United States v. Ecker, 923 F.2d 7, 9 (1st Cir. 1991) (per _____________ _____ curiam) (citing 28 U.S.C. 636(b)(1)(A)).
discussed Cited as authority (rule) Sunview Condominium Ass'n v. Flexel International, Ltd.
1st Cir. · 1997 · confidence medium
See Pagano, 983 F.2d at 346 ; Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir.1992) (per curiam); see also United States v. Ecker, 923 F.2d 7, 9 (1st Cir.1991) (per curiam) (citing 28 U.S.C. § 636 (b)(1)(A)).
cited Cited as authority (rule) Delta Dental of Rhode Island v. Blue Cross & Blue Shield of Rhode Island
D.R.I. · 1996 · confidence medium
See Cok v. Family Court of R.I., 985 F.2d 32, 34 (1st Cir.1993); Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 12-13 (1st Cir.1992).
cited Cited as authority (rule) Allied v. Herrmann
D.N.H. · 1996 · confidence medium
Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia- Cooete, 792 F.2d 4, 6 (1st Cir. 1986).
discussed Cited as authority (rule) Campbell v. International Business MacHines (2×) also: Cited "see"
D.N.J. · 1996 · confidence medium
Since Congress apparently chose not to exempt the Removal Act from the review provision of § 636(b)(1)(A), this Court concludes that a magistrate’s remand order under § 1447 is subject to review by the district court.”); Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, at 13-14 (although court did not need to decide the proper relationship between the two statutes, it noted the North Jersey Sav. & Loan Ass’n analysis).
cited Cited "see" Haber v. Massey
D. Mass. · 2012 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 12-13 (1st Cir.1992).
cited Cited "see" Duhaime v. SSA
D.N.H. · 2009 · signal: see · confidence high
See Unauthorized Practice of Law Comm, v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) .
cited Cited "see" James M. Smolinsky v. SSA
D.N.H. · 2009 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986).
cited Cited "see" Greg Peterson v. SSA
D.N.H. · 2009 · signal: see · confidence high
See Unauthorized Practice of Law Comm, v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986). mhn R.
cited Cited "see" Marie Devin v. SSA
D.N.H. · 2009 · signal: see · confidence high
See Unauthorized Practice of Law Comm, v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) . .
cited Cited "see" Alma M. Anderson v. SSA
D.N.H. · 2008 · signal: see · confidence high
See Unauthorized Practice of Law Comm, v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986). \R.
cited Cited "see" Campbell v. Hooksett School District
D.N.H. · 2008 · signal: see · confidence high
See Unauthorized Practice of Law Comm, v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F .2d 4, 6 (1st Cir. 1986) .
cited Cited "see" Chambers v. NH PRISON
D.N.H. · 2007 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir.1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986). 1 .
cited Cited "see" Few v. Liberty Mutual Insurance
D.N.H. · 2007 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir.1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986). 2 .
cited Cited "see" USCOC of New Hampshire RSA 2, Inc. v. Town of Bow
D.N.H. · 2007 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir.1992); United States v. Valen cia-Copete, 792 F.2d 4, 6 (1st Cir.1986). 1 .
cited Cited "see" Peterson v. Fox
D.N.H. · 2007 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir.1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986). 1 .
cited Cited "see" Insight Technology Incorporated v. Surefire, LLC
D.N.H. · 2006 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir.1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986). 1 .
cited Cited "see" St. Laurent v. Metso Minerals, et al.
D.N.H. · 2005 · signal: see · confidence high
See Unauthorized Practice of Law Comm, v. Gordon. 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986).
cited Cited "see" Air Line Pilots Ass'n International v. Guilford Transportation Industries, Inc.
D.N.H. · 2004 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir.1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986).
cited Cited "see" Heghmann v. Town of Rye
D.N.H. · 2004 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11 , 13- *236 14 (1st Cir.1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986). 1 .
cited Cited "see" Hopkins v. Warden, et al.
D.N.H. · 2004 · signal: see · confidence high
See Unauthorized Practice of Law Comm, v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) .
cited Cited "see" Adams v. Stanley
D.N.H. · 2003 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir.1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986).
cited Cited "see" Adams v. Stanley, et al.
D.N.H. · 2002 · signal: see · confidence high
See Unauthorized Practice of Law Comm, v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986).
cited Cited "see" Sefiane v. Wal-Mart Stores, Inc.
D.N.H. · 2002 · signal: see · confidence high
See Unauthorized Practice of Law Comm, v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) .
cited Cited "see" Hendricks v. DRED
D.N.H. · 2002 · signal: see · confidence high
See Unauthorized Practice of Law Comm, v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) .
cited Cited "see" Katz v. Timberlane Regional School District
D.N.H. · 2002 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir.1992); United States v. Valen cia-Copete, 792 F.2d 4, 6 (1st Cir.1986). 1 .
cited Cited "see" Katz v. Timberlane Reg. School Dist.
D.N.H. · 2002 · signal: see · confidence high
See Unauthorized Practice of Law Comm, v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986).
cited Cited "see" Chamblin v. Immigration & Naturalization Service
D.N.H. · 2000 · signal: see · confidence high
See Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 13-14 (1st Cir.1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986). 1 .
cited Cited "see" Jean Camille Chamblin v. INS
D.N.H. · 2000 · signal: see · confidence high
See Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) .
cited Cited "see" Ainsworth v. Edda Cantor Commissioner
D.N.H. · 2000 · signal: see · confidence high
See Unauthorized Practice of 33 Law Committee v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valecia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) James R.
cited Cited "see" Dodge v. City of Concord
D.N.H. · 1999 · signal: see · confidence high
See Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) .
discussed Cited "see" Ordner v. K-H Corp.
D.R.I. · 1999 · signal: see · confidence high
See Unauthorized Practice of Law Comm. v. Gordon, 979 F.2d 11, 13 (1st Cir.1992) (per curiam) (stating that district court should employ de novo standard when reviewing findings and recommendations made pursuant to 28 U.S.C. § 636 (b)(1)(B)).
cited Cited "see" Voight v. NH Dept, of Corrections
D.N.H. · 1999 · signal: see · confidence high
See Unauthorized Practice of 9 Law Committee v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valecia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) .
cited Cited "see" Kidder v. Newell
D.N.H. · 1997 · signal: see · confidence high
See Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) .
cited Cited "see" Smith v. Merrill, et al.
D.N.H. · 1997 · signal: see · confidence high
See Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) .
cited Cited "see" Carriage Hill v. Hayden, et al.
D.N.H. · 1996 · signal: see · confidence high
See Unauthorized Practice of Law Committee v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) .
Retrieving the full opinion text from the archive…
UNAUTHORIZED PRACTICE OF LAW COMMITTEE, and Avram Cohen, Plaintiffs, Appellees,
v.
Reverend Gerald GORDON, Defendant, Appellant
92-1710.
Court of Appeals for the First Circuit.
Nov 10, 1992.
979 F.2d 11
Reverend Gerald Gordon, on brief pro se., James E. O’Neil, Atty. Gen., and Richard B. Woolley, Asst. Atty. Gen., Providence, R.I., on brief for plaintiffs, appellees.
Breyer, Torruella, Selya.
Cited by 62 opinions  |  Published
PER CURIAM.

In July 1991, Gerald Gordon filed a notice of removal in the Federal District Court for the District of Rhode Island, purporting to remove a civil action, charging Gordon with the unauthorized practice of law, that had been filed against him in the Rhode Island state Superior Court in June 1987. The state plaintiffs moved for summary dismissal or, altérnatively, to remand, alleging lack of jurisdiction, untimeliness, res judicata, [1] and insufficient service of process. The motion was referred to a magistrate judge. The magistrate held a hearing on-November 20, 1991. Although Gordon was notified of the hearing, he did not appear. -

On January 8, 1992, the magistrate entered an order remanding the matter to the state court. The magistrate concluded that the federal court lacked subject matter jurisdiction because the state court complaint did not aver the existence of diversity of citizenship and the claims do not arise under federal law. The magistrate also concluded that the notice of removal failed to contain a short and plain statement of the grounds for removal together with a copy of all process, pleadings, and orders served upon Gordon in state court, see 28 U.S.C. § 1446(a), and that it failed to comply with 28 U.S.C. § 1446(b), in that Gordon had not filed the notice of removal within 30 days after receipt of a copy of the state court complaint. Gordon did not file any objections nor did he seek review of this order in the district court.

On June 2, 1992, the district court entered an order, which stated:

The Memorandum and Order of Remand entered by United States Magistrate Judge Jacob Hagopian on January 7, 1992, in the above matter, has become final since no appeal has been timely filed and the time for appealing has expired.

Gordon filed a notice of appeal from this order on June 16, 1992. We dismiss for lack of jurisdiction.

The Motion to Remand ’

We digress briefly at the outset to consider the authority of the magistrate vis-a-vis a motion to remand. There is a split in the caselaw as to whether a magistrate has the authority to enter a final order of remand or whether a magistrate’s power extends only to making a report and recommendation on the issue of -remand to the district court, which, in turn, renders a determination. The disparity in views turns on whether a motion for remand is a dispositive matter.

’ Section 636(b)(1)(A) of Title 28 permits the district court to refer to a magistrate for hearing and determination any pending pretrial matter, with the exception of, what have been termed, dispositive matters, therein listed as:

a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action.

As for a nondispositive matter referred to a magistrate, the magistrate enters a final order. Fed.R.Civ.P. 72(a). Within 10 days of service of a copy of the order, a party may serve and file objections; which the district court judge shall consider, under a standard of review of clearly erroneous or contrary to law. Id.

[*13] Pursuant' to § 636(b)(1)(B), the district court may also refer to a magistrate any of the excepted dispositive matters listed in § 636(b)(1)(A). In that instance, however, the magistrate files proposed findings and recommendations with the district court. 28 U.S.C. § 636(b)(1)(B). Within 10 days of service of a copy of the proposed findings and recommendations, a party may serve and file objections, which the district court reviews de novo. Id.; see also Fed. R.Civ.P. 72(b).

A motion to remand is not specifically listed as an excepted dispositive matter in § 636(b)(1)(A). Accordingly, some courts have determined that it is a nondispositive matter within the authority of the magistrate to determine by final order. McDonough v. Blue Cross of Northeastern Pennsylvania, 131 F.R.D. 467 (W.D.Pa.1990) (district court order upholding memorandum and order of magistrate); North Jersey Savs. & Loan Assoc. v. Fidelity & Deposit Co., 125 F.R.D. 96, 98 (D.N.J.1988); Jacobsen v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 594 F.Supp. 583, 586 (D.Me.1984); see also Walker v. Union Carbide Corp., 630 F.Supp. 275, 277 (D.Me.1986) (relying on Jacobsen, supra, and reviewing order of remand under standard of clearly erroneous or contrary to law).

On the other hand, at least two courts view a remand order as the equivalent of an involuntary dismissal — a dispositive matter specifically excepted from those in which a magistrate has the authority to enter a final order. Long v. Lockheed Missiles & Space Co., 783 F.Supp. 249, 250-51 (D.S.C.1992); Giangola v. Walt Disney World Co., 753 F.Supp. 148, 152 (D.N.J.1990). [2] According to these courts, a magistrate, presented with a motion to remand, is restricted to proposing findings and recommendations for disposition by the district court. Long v. Lockheed Missiles & Space Co., 783 F.Supp. at 250-51; Giangola v. Walt Disney World Co., 753 F.Supp. at 152.

It is evident that the magistrate and the district court judge in the instant case treated the motion to remand-as a nondis-positive matter within the authority of the magistrate to determine by final order. While we note the existing and conflicting caselaw on this issue, we need not enter the fray at this time for we conclude that, in any event, we lack jurisdiction over this appeal.

Appellate Jurisdiction

“An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise [subject to an exception not applicable in this case].” 28 U.S.C. § 1447(d). The magistrate’s order remanded for lack of jurisdiction. An order remanding for lack of jurisdiction is immune from review, whether erroneous or not. Thermtron Prods., Inc. v. Hermansdorfer, 423 U.S. 336, 343, 96 S.Ct. 584, 589, 46 L.Ed.2d 542 (1976); Gravitt v. Southwestern Bell Tel. Co., 430 U.S. 723, 97 S.Ct. 1439, 52 L.Ed.2d 1 (1977); Volvo of Am. Corp. v. Schwarzer, 429 U.S. 1331, 1332, 97 S.Ct. 284, 285, 50 L.Ed.2d 273 (Rehnquist, Circuit Justice 1976).

As noted, supra, at 12-13, the district court, in North Jersey Savs. & Loan v. Fidelity & Deposit Co., 125 F.R.D. at 98, concluded that a motion to remand is a nondispositive matter in which a magistrate may enter a final order, pursuant to § 636(b)(1)(A), which, if timely objected to, the district court considers under a standard of review of clearly erroneous or contrary to law. See also Fed.R.Civ.P. 72(a). The North Jersey Savs. & Loan court noted that this provision for district court review of a magistrate’s final order of remand is seemingly at odds with § 1447(d)’s prohibition of “review[ ] on appéal or otherwise.” North Jersey Savs. & Loan v. Fidelity & Deposit Co., 125 F.R.D. at 98-99. That court found significant the introductory language of § 636(b)(1) — “[notwithstanding any provision of law to the contrary.” [3] Id. It also found significant that[*14] this language was enacted after the enactment of the Removal Act’s prohibition of review of remand orders. Id. The North Jersey Savs. & Loan court concluded that Congress intended, by this later-enacted language, to preempt § 1447(d)’s prohibition of review of remand orders and to permit district court review of a magistrate’s final order of remand. Id.

As with the question of the disposi-tive/nondispositive nature of a motion to remand, we need not, and do not, resolve the relationship between § 636(b)(l)(A)’s grant, to the district court, of review of a magistrate’s final order of remand (assuming that a motion to remand is a nondisposi-tive matter) and § 1447(d)’s prohibition of review of orders of remand. We conclude that whether or not we concurred with the reasoning of the North Jersey Savs. & Loan court, Gordon cannot obtain review in this court.

Gordon filed no objections with the dis- . trict court to the magistrate’s January 8th order of remand. If, as in the view of the magistrate and district court below (and the North Jersey Savs. & Loan court), the motion to remand was a nondispositive matter, permitting the magistrate to enter a final order, Gordon has waived review of that order.

Within 10 days after being served with a copy of the magistrate’s order, a party may serve and file objections to the order; a party may not thereafter assign as error a defect in the magistrate’s order to which objection was not timely made.

Rule 72(a) (governing nondispositive matters). Even if § 636(b)(1)(A) permitted district court review of the magistrate’s final order of remand, notwithstanding the language of § 1447(d), Gordon’s failure to file objections with the district court has barred any review he might have had. Moreover, even if § 636(b)(1)(A) permits district, court review of the magistrate’s final order of remand, notwithstanding the language of § 1447(d), it does not speak to review in this court. The language of § 1447(d) prohibiting “review[] on appeal or otherwise” of a remand order would, it seems, apply, nonetheless, to an appeal from the district court’s review of the magistrate’s final order of remand.

On the other hand, as we have noted, some courts view a motion to remand as a dispositive matter in which a magistrate is restricted to proposing findings and recommendations for disposition by the district court. Gordon’s quest for appellate review fares no better under this view. Even were we to construe the magistrate’s order of remand as a recommendation to the district court, Gordon’s failure to object to that order/recommendation bars further appellate review. Scott v. Schweiker, 702 F.2d 13, 14 (1st Cir.1983). More to the point, however, § 1447(d)’s prohibition on review of a remand order dooms Gordon’s appeal here.

Accordingly, we dismiss this appeal for lack of jurisdiction.

Appeal dismissed.

1

. This was Gordon's third attempt to remove this state court case to the federal court. We dismissed the appeal from his first failed attempt for lack of jurisdiction. Unauthorized Practice of Law Comm. v. Gordon, No. 87-1941 (1st Cir.1988). We dismissed the appeal from the second failed attempt for lack of prosecution. Gordon v. Unauthorized Practice of Law Comm., No. 88-1452 (1st Cir.1988).

2

. Although at odds with North Jersey Savs. & Loan, supra, a case also from the District of New Jersey, the Giangola opinion does not mention it.

3

. The provision for district court review appears immediately thereafter in subsection “(A)” of § 636(b)(1).