United States v. Eulalio Moreno ( 2017 )

Case: 16-20571 Document: 00513966085 Page: 1 Date Filed: 04/25/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-20571
Fifth Circuit
FILED
Summary Calendar April 25, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
EULALIO MORENO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CV-3237
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
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,
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 16-20571 Document: 00513966085 Page: 2 Date Filed: 04/25/2017
No. 16-20571
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.
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