[tweitz]

The ruling was made by a magistrate, who is not a full fledged federal judge. That is why it is couched as a recommendation. Before it becomes effective it must be approved by the judge who has jurisdiction over the case, and he could overrule it. So there are several layers of appeal left. That being said, the issue in the case is a jurisdictional one and the magistrate's decision appears to apply the law as it is, not necessarily as we would like it.