Unpublished Dispositioncalvin Buchanan, Plaintiff-appellant, v. George W. Wilson, John T. Wigginton, Secretary Correctionscabinet; Lt. Joe Rion; Julie Westerfield;robert Swift, Defendants-appellees, 902 F.2d 1568 (6th Cir. 1990)
Annotate this CaseBefore KENNEDY and RYAN, Circuit Judges, and GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge.
ORDER
This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.
A review of the record indicates that appellant appealed on March 16, 1990, from the March 8, 1990 magistrate's order denying his motion for a default judgment.
An order denying a motion for default judgment is not an appealable order. Grandbouche v. Clancy, 825 F.2d 1463, 1468 (10th Cir. 1987). In addition, 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. § 636(c) (1). Tripati v. Rison, 847 F.2d 548, 549 (9th Cir. 1988) (per curiam); McGraw v. Connelly (In re Bell & Beckwith), 838 F.2d 844, 848 n. 5 (6th Cir. 1988). The magistrate was not given plenary jurisdiction in this case.
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.
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