Unpublished Dispositiondavid L. Campbell, Plaintiff-appellant, v. Department of Rehabilitation and Corrections; J.l.eichenlaub, Southern Ohio Correctional Facilityinspector; Ralph Smith, Hospital Adm.;harjit S. Bharmoto, Dr.,defendants-appellees, 838 F.2d 470 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 838 F.2d 470 (6th Cir. 1988)

Feb. 5, 1988

Before BOYCE F. MARTIN, Jr., RALPH B. GUY, Jr., and BOGGS, Circuit Judges.


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 file indicates that the magistrate's report and recommendation was filed and entered on December 21, 1987. Appellant appealed from that report and recommendation on December 30, 1987.

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). Ambrose v. Welch, 729 F.2d 1084 (6th Cir. 1984) (per curiam); Trufant v. Autocon, Inc., 729 F.2d 308 (5th Cir. 1984). The magistrate was not given plenary jurisdiction in this case. The report and recommendation was filed as provided by 28 U.S.C. § 636(b) (1).

It is ORDERED that the appeal be and hereby is dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.