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Joel H. WETZEL, Plaintiff-Appellant v. Daniel BROWN; Brian Koskovich; Jeremy Moser; Corey Lee, 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, Defendants

United States Court of Appeals for the Eighth Circuit2015-01-05No. No. 14-2605
588 F. App'x 514

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Opinion

majority opinion

PER CURIAM.

State inmate Joel Wetzel appeals the magistrate judge’s order denying Wet-zel’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 ap-pealable had it been reviewed by the district court. The appeal is dismissed.

. The Honorable Charles S. Miller, Jr., United States Magistrate Judge for the District of North Dakota.