eLaws | Code of Federal Regulations | United States Code |
 All Courts
 Federal Courts
 US Court of Appeals Cases
 Court of Appeals for the Fifth Circuit
 2018-08

Felix Price v. Darrel Vannoy, Warden ( 2018 )


Menu:
 
  •      Case: 17-30689      Document: 00514620983         Page: 1    Date Filed: 08/29/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-30689
Fifth Circuit
FILED
Summary Calendar                        August 29, 2018
Lyle W. Cayce
FELIX A. PRICE,                                                                 Clerk
Petitioner-Appellant
v.
DARREL VANNOY, WARDEN, LOUISIANA STATE PENITENTIARY,
Respondent-Appellee
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:17-CV-4052
Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
Felix A. Price, Louisiana prisoner # 91688, appeals from the denial of his
Federal Rule of Civil Procedure 60(b) motion. The magistrate judge denied
Price’s Rule 60(b) motion. After Price filed a notice of appeal, the district court
affirmed the magistrate judge’s denial.
The magistrate judge lacked authorization to rule on Price’s Rule 60(b)
motion under these circumstances because Price did not consent under 28
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-30689    Document: 00514620983     Page: 2   Date Filed: 08/29/2018
No. 17-30689
U.S.C. § 636(c) and there was no other basis for the magistrate judge’s
authority over that motion. See McLeod, Alexander, Powel & Apffel, P.C. v.
Quarles,
    925 F.2d 853
    , 856 (5th Cir. 1991); Parks By and Through Parks v.
Collins,
    761 F.2d 1101
    , 1104 (5th Cir. 1985). Because the magistrate judge’s
order was not a final appealable decision, we lack jurisdiction to review it. See
28 U.S.C. § 1291; Trufant v. Autocon, Inc.
    729 F.2d 308
    , 309 (5th Cir. 1984).
Moreover, Price’s premature notice of appeal was insufficient to confer
jurisdiction on this court from the district court’s order affirming the
magistrate judge’s denial. See FirsTier Mortg. Co. v. Investors Mortg. Ins. Co.,
    498 U.S. 269
    , 276-77 (1991); see also United States v. Cooper,
    135 F.3d 960
    , 963
(5th Cir. 1998).
APPEAL DISMISSED.
2