Austen Nwanze, Plaintiff-appellant, v. Samuel Richardson, Detective; Marty M. Tapscott, Chief;richmond Police Department; City of Richmond,defendants-appellees, 989 F.2d 494 (4th Cir. 1993)

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US Court of Appeals for the Fourth Circuit - 989 F.2d 494 (4th Cir. 1993) Submitted: February 1, 1993Decided: February 22, 1993

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-92-26-3-MC)

Austen Nwanze, Appellant Pro Se.

E.D. Va.


Before HALL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Austen Nwanze appeals from the magistrate judge's order returning his civil complaint to him without filing, due to Nwanze's failure to comply with unspecified local rules. We are without jurisdiction to entertain an appeal directly from a magistrate judge's decision, absent the parties' consent under 28 U.S.C.A.s 636(c) (West Supp. 1992). United States v. Ecker, 923 F.2d 7 (1st Cir. 1991); Ambrose v. Welch, 729 F.2d 1084 (6th Cir. 1984). No consent was given here. Hence, Nwanze must first seek district court review before filing an appeal in this Court.

Accordingly, we dismiss this appeal for want of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.