U.S. Court of Appeals for the Fifth Circuit, 2010

Willie McCray v. Willie Hawkins

Willie McCray v. Willie Hawkins
U.S. Court of Appeals for the Fifth Circuit · Decided April 8, 2010 · Elrod, Jolly, Per Curiam, Wiener
372 F. App'x 548

Willie McCray v. Willie Hawkins

Opinion

PER CURIAM: *

Willie James McCray, federal prisoner # 24599-018, appeals from the magistrate *549 judge’s denials of his various pretrial motions. McCray consented to the magistrate judge’s resolution of these motions pursuant to 28 U.S.C. § 636(c). However, because the magistrate judge’s orders denying those motions are neither final decisions nor appealable collateral orders, this court lacks jurisdiction to consider them in this appeal. See 28 U.S.C. § 1291; Davis v. East Baton Rouge Parish Sch. Bd., 78 F.3d 920, 925-26 (5th Cir. 1996). His appeal must therefore be dismissed.

McCray also petitions this court for a writ of mandamus on the grounds that (1) certain of his pretrial motions were granted initially before the magistrate judge issued the order denying them and (2) the defendants were criminally convicted as part of this action and should have already been sentenced. Both of McCray’s asserted grounds are erroneous. McCray’s mandamus petition is denied.

McCray previously filed a similar mandamus petition, which was also denied. McCray is warned that any future frivolous, repetitive, or otherwise abusive filings will invite the imposition of sanctions, including dismissal, monetary sanctions, and restrictions upon his ability to file pleadings in this court or any other court subject to this court’s jurisdiction.

APPEAL DISMISSED; MANDAMUS PETITION DENIED; SANCTION WARNING ISSUED.

*

Pursuant to 5th Ciu. R. 47.5, the court has determined that this opinion should not be *549 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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