Unpublished Dispositionleo Victor Savage, Plaintiff-appellant, v. Federal Correctional Institution and R. L. Matthews, Warden,defendants-appellees, 821 F.2d 649 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 821 F.2d 649 (6th Cir. 1987) June 23, 1987

Before MERRITT, MARTIN and WELLFORD, Circuit Judges.

Appellant appeals from the Proposed Findings of Fact and Recommendation of the Magistrate.

There is no indication in the record that the action was to be tried to the magistrate by the consent of the parties. In fact, it was upon that ground that appellant objected to the magistrate's recommendation. 28 U.S.C. § 636(c) (1) and (3) requires such consent before an appeal is properly prosecuted to this court. Without the requisite consent, an order entered by a magistrate is nonappealable. Ambrose v. Welch, 729 F.2d 1084 (6th Cir. 1984).

Accordingly, this appeal is dismissed. Rule 9(b) (1), Rules of the Sixth Circuit.