Floyd Donley, Sr. v. Hudsons Salvage, L.L.C., et a, No. 14-30899 (5th Cir. 2015)

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Case: 14-30899 Document: 00512940701 Page: 1 Date Filed: 02/19/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-30899 Summary Calendar United States Court of Appeals Fifth Circuit FILED February 19, 2015 Lyle W. Cayce Clerk FLOYD P. DONLEY, SR., Plaintiff–Appellant, v. HUDSONS SALVAGE, L.L.C.; LINDA COX; VELMA ELAINE HINGLE; ANGIE CARTER; LOIS PELTIER; JERRY HOLIFIELD; ALAN SPALLINGER; DOMINIC CUTI; ALLEN ORDENEAUX, III; JOEY PHILLIPS; SERGENT VARNADO; TED SIMMONS; JERRY TRABONA; CHARLES REID; AMITE CITY COUNCIL; REGINALD GOLDSBY, Defendants–Appellees. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:10-CV-3223 Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM:* Floyd P. Donley, Sr., appeals from the magistrate judge’s denial of his motion to dismiss for lack of jurisdiction. We have jurisdiction because both parties consented to proceed before the magistrate judge. 28 U.S.C. § 636(c)(3). Pursuant to Fifth Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Fifth Cir. R. 47.5.4. * Case: 14-30899 Document: 00512940701 Page: 2 Date Filed: 02/19/2015 No. 14-30899 Donley originally brought suit against Hudsons Salvage and both parties signed a consent form permitting final resolution of the case by a magistrate judge. § 636 (c)(3). The magistrate judge granted summary judgment in favor of the defendants, Donley appealed, and we affirmed. The Supreme Court then denied certiorari. Donley argues that he never consented to have the particular magistrate judge who heard his case and that this magistrate judge lacked “personal jurisdiction.” In addition to the numerous problems with the merits of this argument, this case was fully resolved, appealed, and certiorari was denied. Donley’s argument is moot and for that reason the judgment of the magistrate judge is AFFIRMED. 2

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