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Paul v. City of San Antonio Ex Rel. City Public Service Board
680 F. App'x 340
| 5th Cir. | 2017
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Docket

*1 Before CLEMENT, PRADO, and HIGGINSON, Circuit Judges.

PER CURIAM: [*]

Michael Thomas Paul seeks to appeal two rulings by the federal magistrate judge denying his motions for appointment of counsel in a civil action. He also moves this court for appointment of appellate counsel.

An interlocutory order denying the appointment of counsel in a civil action is immediately appealable. Robbins v. Maggio , 750 F.2d 405, 413 (5th Cir. 1985). However, nothing in the record indicates that the magistrate *2 Case: 16-51372 Document: 00513908006 Page: 2 Date Filed: 03/13/2017

No. 16-51372

judge’s rulings were ever appealed to the district judge or that the parties consented to proceed before the magistrate judge. Accordingly, we lack jurisdiction over this appeal directly from the rulings of the magistrate judge. See Alpine View Co. v. Atlas Copco AB , 205 F.3d 208, 219-20 (5th Cir. 2000); United States v. Renfro , 620 F.2d 497, 500 (5th Cir. 1980).

Paul’s appeal is DISMISSED for lack of jurisdiction. His motion for appointment of appellate counsel is DENIED.

2

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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

Case Details

Case Name: Paul v. City of San Antonio Ex Rel. City Public Service Board
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Mar 13, 2017
Citation: 680 F. App'x 340
Docket Number: 16-51372
Court Abbreviation: 5th Cir.
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