U.S. Court of Appeals for the Eighth Circuit, 2015

Joel Wetzel v. Daniel Brown

Joel Wetzel v. Daniel Brown
U.S. Court of Appeals for the Eighth Circuit · Decided January 5, 2015 · Wollman, Bye, Melloy
588 F. App'x 514

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.

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