Unpublished Dispositionmerton Bond, Plaintiff-appellant, v. Martha Layne Collins, Defendant-appellee, 872 F.2d 1024 (6th Cir. 1989)

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

Review of the papers before the court indicates that on January 25, 1989, appellant tendered a complaint and an application for leave to proceed in forma pauperis in the District Court for the Eastern District of Kentucky. On February 6, 1989, a magistrate granted the request for pauper status, but also recommended the dismissal of the complaint as frivolous under 28 U.S.C. § 1915(d). Appellant then filed a notice of appeal from the magistrate's report and recommendation.

This court must dismiss the appeal for lack of jurisdiction. An order or report and recommendation by a magistrate is not final and appealable unless he has been given plenary jurisdiction by the district court and the consent of the parties under 28 U.S.C. § 636(c) (1). Ambrose v. Welch, 729 F.2d 1084, 1085 (6th Cir. 1984) (per curiam); Trufant v. Autocon, Inc., 729 F.2d 308, 309 (5th Cir. 1984). The magistrate was not given plenary jurisdiction in this case. Instead, his authority was derived pursuant to 28 U.S.C. § 636(b) (1) (B).

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