Unpublished Dispositionfelix Thomas Buckman, Petitioner-appellant, v. Dewey Sowders, Warden, Respondent-appellee, 911 F.2d 731 (6th Cir. 1990)

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U.S. Court of Appeals for the Sixth Circuit - 911 F.2d 731 (6th Cir. 1990) Aug. 20, 1990

Before RYAN and ALAN E. NORRIS, 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 record indicates that appellant appealed on February 22, 1990, from the report and recommendation of the magistrate filed February 15, 1990. 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). Tripati v. Rison, 847 F.2d 548 (9th Cir. 1988); Ambrose v. Welch, 729 F.2d 1084, 1085 (6th Cir. 1984) (per curiam); Trufant v. Autocon, Inc., 729 F.2d 308, 309 (5th Cir. 1984) (per curiam). The magistrate was not given plenary jurisdiction in this case.

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

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