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Gilbert v. Val Verde Regn Med, 02-51061 (2003)

Court: Court of Appeals for the Fifth Circuit Number: 02-51061 Visitors: 13
Filed: May 28, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 27, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _ Clerk No. 02-51061 Summary Calendar _ MICHAEL JOHN GILBERT, Plaintiff - Appellant, versus VAL VERDE REGIONAL MEDICAL CENTER, Defendant - Appellee. _ Appeal from the United States District Court for the Western District of Texas USDC No.: DR-01-CV-44-FB/DG _ Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges. PER CURIAM:* Michael John Gilbert
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                                                             United States Court of Appeals
                                                                      Fifth Circuit
                                                                   F I L E D
               IN THE UNITED STATES COURT OF APPEALS                 May 27, 2003

                       FOR THE FIFTH CIRCUIT                   Charles R. Fulbruge III
                       _____________________                           Clerk

                            No. 02-51061
                          Summary Calendar
                       _____________________

                       MICHAEL JOHN GILBERT,

                                                Plaintiff - Appellant,

                                versus

                VAL VERDE REGIONAL MEDICAL CENTER,

                                            Defendant - Appellee.
_________________________________________________________________

           Appeal from the United States District Court
                 for the Western District of Texas
                    USDC No.: DR-01-CV-44-FB/DG
_________________________________________________________________

Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM:*

     Michael John Gilbert, pro se, appeals the magistrate judge’s

order denying appointed counsel in this Title VII action. Although

Gilbert consented to final disposition by a magistrate judge, Val

Verde Regional Medical Center did not consent.          Gilbert did not

seek review of the magistrate judge’s ruling by the district court.

Accordingly,   we   lack   appellate     jurisdiction   to     review      the

magistrate judge’s order. See Singletary v. B.R.X., Inc., 
828 F.2d 1135
, 1137 (5th Cir. 1987) (pretrial matters referred by a district


     *
      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.
court to a magistrate judge must be appealed first to the district

court).

                                               D I S M I S S E D.




                                2

Source:  CourtListener

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