Clay v. University of Texas Medical Branch at John Sealy , 155 F. App'x 787 ( 2005 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                November 28, 2005
    Charles R. Fulbruge III
    Clerk
    No. 04-41134
    Summary Calendar
    THOMAS H. CLAY,
    Plaintiff-Appellant,
    versus
    UNIVERSITY OF TEXAS MEDICAL BRANCH AT JOHN SEALY; UNIVERSITY OF
    TEXAS MEDICAL BRANCH CORRECTIONAL HEALTHCARE MANAGEMENT; JOHN
    SEALY EMPLOYEES; JANE DOE, #; JANE DOE, #; JANE DOE, #, Physician
    Assistant; ET AL.,
    Defendants-Appellees.
    --------------------
    Appeal from the United States District Court
    for the Eastern District of Texas
    USDC No. 9:03-CV-268-TH-JKG
    --------------------
    Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
    PER CURIAM:*
    Thomas H. Clay, Texas prisoner #1124123, appeals the
    magistrate judge’s denial of his motion for appointment of
    counsel.   This court must examine the basis of its jurisdiction
    on its own motion if necessary.1   Although an interlocutory order
    denying the appointment of counsel in a civil rights action is
    *
    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    this opinion should not be published and is not precedent except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.
    1
    Mosley v. Cozby, 
    813 F.2d 659
    , 660 (5th Cir. 1987).
    No. 04-41134
    -2-
    immediately appealable,2 if that order was issued by a magistrate
    judge and the parties have not consented to proceed before a
    magistrate judge, the party must appeal first to the district
    court.3   Otherwise, this court lacks jurisdiction.4
    The record does not indicate that the parties consented to
    proceed before a magistrate judge or that Clay appealed the
    denial of his motion to the district court.   Therefore, we
    DISMISS Clay’s appeal for lack of jurisdiction.
    APPEAL DISMISSED.
    2
    Robbins v. Maggio, 
    750 F.2d 405
    , 413 (5th Cir. 1985).
    3
    
    28 U.S.C. § 636
    (b)(1)(A),(c)(1),(c)(3); see Alpine View Co.
    v. Atlas Copco AB, 
    205 F.3d 208
    , 219-20 (5th Cir. 2000).
    4
    Colburn v. Bunge Towing, Inc., 
    883 F.2d 372
    , 379 (5th Cir.
    1989).
    

Document Info

Docket Number: 04-41134

Citation Numbers: 155 F. App'x 787

Judges: Benavides, Dennis, Higginbotham, Per Curiam

Filed Date: 11/28/2005

Precedential Status: Non-Precedential

Modified Date: 8/2/2023