Steven W. Kellett, Petitioner-appellant, v. Richard S. Lindler, Respondent-appellee, 902 F.2d 1565 (4th Cir. 1990)

Steven W. Kellett, a South Carolina prisoner, appeals the magistrate's report and recommendation that summary judgment be granted the defendant named in Kellett's 28 U.S.C. § 2254 petition. We dismiss for lack of jurisdiction.

The decisions of a magistrate may not be appealed directly to this Court unless the parties have consented to have a magistrate conduct all proceedings pursuant to 28 U.S.C. § 636(c) (1). Otherwise, if a party is dissatisfied with the magistrate's ruling, the proper procedure is to appeal to the district court. Gleason v. Secretary of Health and Human Services, 777 F.2d 1324 (8th Cir. 1985); Geany v. Carlson, 776 F.2d 140 (7th Cir. 1985); Ambrose v. Welch, 729 F.2d 1084, 1085 (6th Cir. 1984); Trufant v. Autocon, Inc., 729 F.2d 308 (5th Cir. 1984); Alaniz v. California Processors, Inc., 690 F.2d 717, 720 (9th Cir. 1982).

As there is no evidence that the parties in this case are proceeding under Sec. 636(c) (1), the magistrate's order is not appealable to this Court. We therefore deny a certificate of probable cause to appeal and dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before the Court and oral argument would not significantly aid the decisional process.

DISMISSED.