David McCallister v. Lorie Davis, Director ( 2019 )

Case: 19-50542 Document: 00515245155 Page: 1 Date Filed: 12/20/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 20, 2019
No. 19-50542
Lyle W. Cayce
Clerk
DAVID H. MCCALLISTER,
Plaintiff-Appellant
v.
LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION; TEXAS
DEPARTMENT OF CRIMINAL JUSTICE; CORRECTIONAL INSTITUTION
DIVISION DIRECTOR; UNIVERSITY OF TEXAS MEDICAL BRANCH
INSTITUTION DIVISION; DIRECTOR’S MEDICAL AND DENTAL
DEPARTMENT; JOHN DOE,
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:16-CV-32
Before DENNIS, ELROD, and DUNCAN, Circuit Judges.
PER CURIAM: *
David H. McCallister, Texas prisoner # 1666170, has moved to dismiss
without prejudice his interlocutory appeal from the magistrate judge’s denial
of his motion for appointment of counsel and a guardian ad litem in his civil
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-50542 Document: 00515245155 Page: 2 Date Filed: 12/20/2019
No. 19-50542
rights action. Because the parties did not consent to proceed before the
magistrate judge pursuant to 18 U.S.C. § 636(c)(1), we lack jurisdiction to
consider this appeal. See Donaldson v. Ducote, 373 F.3d 622, 624 (5th Cir.
2004); United States v. Renfro, 620 F.2d 497, 500 (5th Cir. 1980). Accordingly,
we GRANT the motion and DISMISS the appeal WITHOUT PREJUDICE.
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