Chang v. United States ( 2022 )

Case: 21-10652 Document: 00516499854 Page: 1 Date Filed: 10/06/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
No. 21-10652 October 6, 2022
Summary Calendar
Lyle W. Cayce
Clerk
Wayne Joseph Chang,
Plaintiff—Appellant,
versus
United States of America,
Defendant—Appellee.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:21-CV-776
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam:*
Wayne Joseph Chang, federal prisoner # 57957-177, appeals the
magistrate judge’s order, as well as the order denying his subsequent motion
for reconsideration thereof, directing him to pay the filing fee for his civil
action and deferring a decision on his motion to proceed in forma pauperis.
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-10652 Document: 00516499854 Page: 2 Date Filed: 10/06/2022
No. 21-10652
As the record does not reflect that the parties consented to proceed before
the magistrate judge pursuant to 28 U.S.C. § 636(c), the orders in question
were not appealable to this court, and we are without jurisdiction to review
them. See Donaldson v. Ducote, 373 F.3d 622, 624-25 (5th Cir. 2004); Butler
v. S. Porter, 999 F.3d 287, 297 (5th Cir. 2021), cert. denied, 142 S. Ct. 766(2022). We are also unable to view Chang’s notice of appeal as effective to
appeal the subsequent order and judgment of the district court. See United
States v. Cooper, 135 F.3d 960, 963 (5th Cir. 1998).
The appeal is accordingly DISMISSED for lack of jurisdiction.
2