Joel Wetzel v. Daniel Brown
Opinion
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.
. 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- Unpublished