Douglas C. Bain, Plaintiff-appellant, v. Captain E. Watkins; Lieutenant Griffin; Sergeant W.l.edwards; Sergeant J.l. Little; Officer Klutzz;francis Esposito, Nurse, Defendants-appellees, 825 F.2d 406 (4th Cir. 1987)

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U.S. Court of Appeals for the Fourth Circuit - 825 F.2d 406 (4th Cir. 1987) Submitted June 9, 1987. Decided July 15, 1987

Douglas C. Bain, appellant pro se.

Tiare Bowe Smiley, Office of the Attorney General, for appellees.

Before MURNAGHAN, SPROUSE and CHAPMAN, Circuit Judges.


Douglas C. Bain, a North Carolina inmate, seeks to appeal from the magistrate's recommendation that summary judgment be granted for the defendants and that his 42 U.S.C. § 1983 action be dismissed. As 'there is no clear and unambiguous statement in the record indicating that the parties consented to the exercise of plenary jurisdiction by the Magistrate,' Ambrose v. Welch, 729 F.2d 1084, 1085 (6th Cir. 1984), we lack jurisdiction to consider the appeal. Bain must obtain review of the magistrate's recommendation in the district court before he can appeal to this Court. Id.

The appeal is dismissed. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.