Robert Jones v. Newcomer, et al, No. 10-31211 (5th Cir. 2011)
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Case: 10-31211 Document: 00511494302 Page: 1 Date Filed: 06/01/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-31211 Summary Calendar June 1, 2011 Lyle W. Cayce Clerk ROBERT C. JONES, Petitioner-Appellant v. Warden NEWCOMER; UNITED STATES OF AMERICA, Respondents-Appellees Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:10-CV-1075 Before GARWOOD, PRADO and HAYNES, Circuit Judges. PER CURIAM:* Robert C. Jones, Louisiana prisoner # 92145, filed the instant 28 U.S.C. § 2241 petition seeking release from his pre-trial custody in a state mental facility. He appeals from the magistrate judge s denial of his Emergency Application for Writ of Habeas Corpus Ad Testificandum, which he filed several months after he filed his § 2241 petition. This court must examine the basis of its jurisdiction on its own motion if * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 10-31211 Document: 00511494302 Page: 2 Date Filed: 06/01/2011 No. 10-31211 necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). There is no evidence in the record that Jones consented to proceed before the magistrate judge pursuant to 28 U.S.C. § 636(c)(1) or that the district court ever considered the magistrate judge s order denying Jones s emergency application for habeas relief. Consequently, we DISMISS this appeal for lack of appellate jurisdiction. See Gregg v. Linder, 349 F.3d 860, 862 (5th Cir. 2003). 2
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