Joshua Wren v. Jimmy Curtis

697 F. App'x 304

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 1, 2017
• Docket: 16-11710 Summary Calendar
• Status: Unpublished

Opinion

PER CURIAM: *

Joshua Wren, Texas prisoner # 01982778, appeals the magistrate judge’s denial of his motion for appointment of counsel. This court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Although an order denying the appointment of counsel in a civil rights action is immediately appealable, Robbins v. Maggio, 750 F.2d 405, 413 (5th Cir. 1985), if that order was issued by a magistrate judge and the parties have not consented to proceed before a magistrate judge, the order must first be appealed to the district court. 28 U.S.C. § 636(b)(1)(A),(c)(1),(c)(3); see Alpine View Co. v. Atlas Copco AB, 205 F.3d 208, 219-20 (5th Cir.2000). Otherwise, this court lacks jurisdiction to review the magistrate judge’s order. United States v. Renfro, 620 F.2d 497, 500 (5th Cir. 1980).

The record does not indicate that the parties consented to proceed before a magistrate judge or that the district court ruled on Wren’s objections and issued its own order on the motion for appointment of counsel. Therefore, we dismiss Wren’s appeal for lack of jurisdiction.

APPEAL DISMISSED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.