Thomas D. Crooks, Plaintiff-appellant, v. Kenneth D. Mckellar, Warden, Central Correctionalinstitution, Clarence L. Todd, Food Servicedirector, Central Correctionalinstitution, Defendants-appellees, 884 F.2d 1387 (4th Cir. 1989)

Thomas D. Crooks appeals the magistrate's denial of his motion to proceed in forma pauperis. Because the parties did not consent to the magistrate's jurisdiction, proper review of the magistrate's order is in the district court. This Court has no jurisdiction over the appeal. Tripati v. Rison, 847 F.2d 548 (9th Cir. 1988); Silberstein v. Silberstein, 859 F.2d 40, 41-42 (7th Cir. 1988). Rather than dismiss this appeal, we find that the interest of justice dictates transferring this case, and the pending motions to proceed on appeal in forma pauperis and for appointment of counsel, to the district for further proceedings consistent with this opinion. 28 U.S.C. § 1631. We dispense with oral argument because the dispositive issue recently has been decided authoritatively.

TRANSFERRED.