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Joshua Wren v. Jimmy Curtis
697 F. App'x 304
| 5th Cir. | 2017
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Docket

*1 Before JOLLY, OWEN, and HAYNES, Circuit Judges.

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 *2 Case: 16-11710 Document: 00514140044 Page: 2 Date Filed: 09/01/2017

No. 16-11710

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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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: Joshua Wren v. Jimmy Curtis
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Sep 1, 2017
Citation: 697 F. App'x 304
Docket Number: 16-11710 Summary Calendar
Court Abbreviation: 5th Cir.
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