Unpublished Dispositionjohn A. Caldwell, Jr., Petitioner-appellant, v. Dewey Sowders, Warden, Northpoint Training Center; Attorneygeneral of Kentucky, Respondents-appellees, 929 F.2d 700 (6th Cir. 1991)

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U.S. Court of Appeals for the Sixth Circuit - 929 F.2d 700 (6th Cir. 1991) April 1, 1991

E.D. Ky., 90-00053, Bertelsman, J.

E.D. Ky.

APPEAL DISMISSED.

Before KRUPANSKY and DAVID A. NELSON, Circuit Judges; and CELEBREZZE, 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 documents before the court indicates that the magistrate judge filed a report and recommendation on February 7, 1991. Appellant appealed from that report and recommendation on February 19, 1991.

An order of a magistrate judge is not appealable unless the magistrate judge 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, 548-59 (9th Cir. 1988) (per curiam); McGraw v. Connelly (In re Bell & Beckwith), 838 F.2d 844, 848 n. 5 (6th Cir. 1988); Ambrose v. Welch, 729 F.2d 1084, 1085 (6th Cir. 1984) (per curiam). The magistrate judge 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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