Joel Wetzel v. Daniel Brown

U.S. Court of Appeals for the Eighth Circuit
Joel Wetzel v. Daniel Brown, 588 F. App'x 514 (8th Cir. 2015)

Joel Wetzel v. Daniel Brown

Opinion

PER CURIAM.

State inmate Joel Wetzel appeals the magistrate judge’s 1 order denying Wet-zel’s motion (1) to reconsider the denial of his motion to compel discovery and (2) for a hearing. The designated order, however, was issued by a magistrate judge, the parties did not consent to proceed before a magistrate judge, and Wetzel did not first seek review by the district court. Accordingly, this matter is not properly before us. See LeGear v. Thalacker, 46 F.3d 36, 36-37 (8th Cir. 1995) (per curiam). In so holding, we of course do not suggest that the order denying the motion would have been ap-pealable had it been reviewed by the district court. The appeal is dismissed.

1

. The Honorable Charles S. Miller, Jr., United States Magistrate Judge for the District of North Dakota.

Reference

Full Case Name
Joel H. WETZEL, Plaintiff-Appellant v. Daniel BROWN; Brian Koskovich; Jeremy Moser; Corey Lee, Defendants-Appellees, William A. Herauf; Thomas Henning; James Hope; Kevin McCabe; Chuck Rummel; Clarence Tuhy; David Wallace; Terry Oesterich; S.A. Helfrich; Joe Cianni; Criss Coats; David Wilke; Nick Gates, Defendants
Status
Unpublished