Joel Wetzel v. Daniel Brown

United States Court of Appeals
For the Eighth Circuit
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No. 14-2605
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Joel H. Wetzel
lllllllllllllllllllll Plaintiff - Appellant
v.
Daniel Brown; Brian Koskovich; Jeremy Moser; Corey Lee
lllllllllllllllllllll Defendants - Appellees
William A. Herauf; Thomas Henning; James Hope; Kevin McCabe; Chuck
Rummel; Clarence Tuhy; David Wallace; Terry Oesterich; S. A. Helfrich; Joe
Cianni; Criss Coats; David Wilke; Nick Gates
lllllllllllllllllllll Defendants
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Appeal from United States District Court
for the District of North Dakota - Bismarck
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Submitted: November 21, 2014
Filed: January 5, 2015
[Unpublished]
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Before WOLLMAN, BYE, and MELLOY, Circuit Judges.
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PER CURIAM.
State inmate Joel Wetzel appeals the magistrate judge’s1 order denying
Wetzel’s motion (1) to reconsider the denial of his motion to compel discovery and
(2) for a hearing. The designated order, however, was issued by a magistrate judge,
the parties did not consent to proceed before a magistrate judge, and Wetzel did not
first seek review by the district court. Accordingly, this matter is not properly before
us. See LeGear v. Thalacker, 46 F.3d 36, 36-37 (8th Cir. 1995) (per curiam). In so
holding, we of course do not suggest that the order denying the motion would have
been appealable had it been reviewed by the district court. The appeal is dismissed.
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1
The Honorable Charles S. Miller, Jr., United States Magistrate Judge for the
District of North Dakota.
-2-