Mary P. Loeffler v. Imperial Manor ( 2001 )

  • United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 01-3219 ___________ Mary P. Loeffler, * * Appellant, * Appeal from the United States * District Court for the v. * District of Nebraska. * Imperial Manor Nursing Home; Cigna * [UNPUBLISHED] Property and Casualty Companies, * * Appellees. * ___________ Submitted: December 7, 2001 Filed: December 27, 2001 ___________ Before McMILLIAN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges. ___________ PER CURIAM. Mary P. Loeffler appeals the magistrate judge’s order refusing to file her complaint because the district court lacked subject matter jurisdiction, and because the complaint and accompanying application to proceed in forma pauperis were unsigned. Having carefully reviewed the record, it appears that the district court construed Loeffler’s document entitled “Appeal” as a notice of appeal directly to this court; however we are convinced that Loeffler was attempting to appeal the magistrate judge’s order to the district court as the order had specified she could do. See Fed. R. Civ. P. 72(a) (within 10 days after being served with copy of magistrate judge’s order in nondispositive matter, party may serve and file objections to order). Accordingly, we dismiss this appeal and remand the case to the district court for further proceedings. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-

Document Info

DocketNumber: 01-3219

Filed Date: 12/27/2001

Precedential Status: Non-Precedential

Modified Date: 10/13/2015