Opinion
No. 14-30899
02-19-2015
FLOYD P. DONLEY, SR., Plaintiff-Appellant, v. HUDSONS SALVAGE, L.L.C.; LINDA COX; VELMA ELAINE HINGLE; ANGIE CARTER; LOIS PELTIER; JERRY HOLIFIELD; ALAN SPALLINGER; DOMINIC CUTI; ALLEN ORDENEAUX, III; JOEY PHILLIPS; SERGENT VARNADO; TED SIMMONS; JERRY TRABONA; CHARLES REID; AMITE CITY COUNCIL; REGINALD GOLDSBY, Defendants-Appellees.
Summary Calendar Appeal from the United States District Court for the Eastern District of Louisiana
USDC No. 2:10-CV-3223
Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM:
Pursuant to Fifth Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Fifth Cir. R. 47.5.4.
Floyd P. Donley, Sr., appeals from the magistrate judge's denial of his motion to dismiss for lack of jurisdiction. We have jurisdiction because both parties consented to proceed before the magistrate judge. 28 U.S.C. § 636(c)(3). Donley originally brought suit against Hudsons Salvage and both parties signed a consent form permitting final resolution of the case by a magistrate judge. § 636 (c)(3). The magistrate judge granted summary judgment in favor of the defendants, Donley appealed, and we affirmed. The Supreme Court then denied certiorari.
Donley argues that he never consented to have the particular magistrate judge who heard his case and that this magistrate judge lacked "personal jurisdiction." In addition to the numerous problems with the merits of this argument, this case was fully resolved, appealed, and certiorari was denied. Donley's argument is moot and for that reason the judgment of the magistrate judge is AFFIRMED.