United States v. Eulalio Moreno

Fifth Circuit

United States v. Eulalio Moreno

687 F. App'x 386

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 25, 2017

Docket16-20571 Summary Calendar

StatusUnpublished

This text of 687 F. App'x 386 (United States v. Eulalio Moreno) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Eulalio Moreno, 687 F. App'x 386 (5th Cir. 2017).

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Opinion

PER CURIAM: *

Eulalio Moreno, federal prisoner # 16060-179, was convicted in 2004 of possession of counterfeit United States currency and possession of a firearm by a felon convicted of three or more previous violent felonies. He has appealed the magistrate judge’s order denying his motion for release pending decision in his 28 U.S.C. § 2255 case. As a general rule, an order issued by a magistrate judge is not a final order appealable to this court. See Donaldson v. Ducote, 373 F.3d 622, 624 (5th Cir. 2004); see also Colburn v. Bunge Towing, Inc., 883 F.2d 372, 379 (5th Cir. 1989). A party who wishes to challenge a ruling by a magistrate judge must object or otherwise challenge the ruling before the district court. Gregg v. Linder, 349 F.3d 860, 862 (5th Cir. 2003). Moreno did not seek review in the district court of the magistrate judge’s order denying his motion for release pending decision. Because the magistrate judge’s order is not final under 28 U.S.C. § 1291 and may not be appealed directly to this court, we lack jurisdiction to address this appeal. See Donaldson, 373 F.3d at 624. Accordingly, the appeal is DISMISSED. Moreno’s motion for release pending disposition in the district court is DENIED AS MOOT.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Eulalio Moreno, federal prisoner # 16060-179, was convicted in 2004 of possession of counterfeit United States currency and possession of a firearm by a felon convicted of three or more previous violent felonies. He has appealed the magistrate judge’s order denying his motion for release pending decision in his 28 U.S.C. § 2255 case. As a general rule, an order issued by a magistrate judge is not a final order appealable to this court. See Donaldson v. Ducote, 373 F.3d 622, 624 (5th Cir. 2004); see also Colburn v. Bunge Towing, Inc., 883 F.2d 372, 379 (5th Cir. 1989). A party who wishes to challenge a ruling by a magistrate judge must object or otherwise challenge the ruling before the district court. Gregg v. Linder, 349 F.3d 860, 862 (5th Cir. 2003). Moreno did not seek review in the district court of the magistrate judge’s order denying his motion for release pending decision. Because the magistrate judge’s order is not final under 28 U.S.C. § 1291 and may not be appealed directly to this court, we lack jurisdiction to address this appeal. See Donaldson, 373 F.3d at 624. Accordingly, the appeal is DISMISSED. Moreno’s motion for release pending disposition in the district court is DENIED AS MOOT.

*

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.

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687 F. App'x 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eulalio-moreno-ca5-2017.

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