Anthony C. Kenney v. Swift Transportation , 159 F. App'x 747 ( 2005 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 05-1520
    ___________
    Anthony C. Kenney,                        *
    *
    Appellant,                   *
    * Appeal from the United States
    v.                                  * District Court for the
    * Eastern District of Arkansas.
    Swift Transportation, Inc.,               *
    * [UNPUBLISHED]
    Appellee.                    *
    ___________
    Submitted: December 28, 2005
    Filed: December 29, 2005
    ___________
    Before MELLOY, HANSEN, and GRUENDER, Circuit Judges.
    ___________
    PER CURIAM.
    Anthony Kenney appeals after the magistrate judge1 denied his motion to
    reopen his employment-discrimination case that had been administratively terminated
    pending the outcome of binding arbitration. Having carefully reviewed the record and
    the parties’ submissions on appeal, we cannot discern whether Kenney is appealing
    the magistrate judge’s order or the underlying arbitration award. If he seeks to appeal
    the order, this court lacks jurisdiction because the parties did not consent to the
    magistrate judge’s authority to enter a final, appealable order, and absent that consent,
    1
    The Honorable John F. Forster, Jr., United States Magistrate Judge for the
    Eastern District of Arkansas.
    Kenney was required to seek review in the district court before appealing to this court.
    See LeGear v. Thalacker, 
    46 F.3d 36
    , 36-37 (8th Cir. 1995) (per curiam). If he seeks
    to appeal the arbitration award, this court lacks jurisdiction because neither the district
    court nor the magistrate judge entered a final order, an appealable interlocutory order,
    or any decision at all regarding the merits of the arbitration award. See 28 U.S.C.
    § 1291 (courts of appeals shall have jurisdiction from all final decisions of district
    courts).
    Accordingly, we dismiss the appeal for lack of jurisdiction. We deny appellee’s
    pending motion.
    ______________________________
    -2-
    

Document Info

Docket Number: 05-1520

Citation Numbers: 159 F. App'x 747

Judges: Melloy, Hansen, Gruender

Filed Date: 12/29/2005

Precedential Status: Non-Precedential

Modified Date: 11/5/2024