Jerome Fleming v. Lt. Lolin Jones, T.M. Welch, Michael Dutton, Jim Rose, Charles Bass, W.H. Lloyd , 925 F.2d 1463 ( 1991 )

925 F.2d 1463

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Jerome FLEMING, Plaintiff-Appellant,
v.
Lt. Lolin JONES, T.M. Welch, Michael Dutton, Jim Rose,
Charles Bass, W.H. Lloyd, Defendants-Appellees.

No. 91-5001.

United States Court of Appeals, Sixth Circuit.

Feb. 21, 1991.

1

Before KENNEDY and ALAN E. NORRIS, Circuit Judges, and MILES, Senior District Judge.*

ORDER

2

This appeal has been referred to this panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

3

A review of the documents before the court indicates that the magistrate entered on December 10, 1990, an order granting in part and denying in part a motion to amend the complaint. Appellant appealed from the December 10 order on December 14, 1990.

4

An order of the magistrate is not appealable unless the magistrate is given plenary jurisdiction by the district court and by consent of the parties pursuant to 28 U.S.C. Sec. 636(c)(1). Tripati v. Rison, 847 F.2d 548, 548-49 (9th Cir.1988) (per curiam); McGraw v. Connelly (In re Bell & Beckwith), 838 F.2d 844, 848 n. 5 (6th Cir.1988); Ambrose v. Welch, 729 F.2d 1084, 1085 (6th Cir.1984) (per curiam). The magistrate was not given plenary jurisdiction in this case.

5

It is ORDERED that the appeal be, and it hereby is, dismissed for lack of jurisdiction. Rule 9(b)(1), Rules of the Sixth Circuit.

*

The Honorable Wendell A. Miles, Senior U.S. District Judge for the Western District of Michigan, sitting by designation