Opinion
21-4123
03-24-2022
ALFWEAR, INC., Plaintiff - Appellee, v. MAST-JAEGERMEISTER US, Inc., Defendant-Appellant.
D.C. No. 2:17-CV-00936-TC (D. Utah)
Before PHILLIPS, McHUGH, and CARSON, Circuit Judges.
ORDER
This matter is before the court on its February 28, 2022 jurisdictional show cause order and Appellant Mast-Jaegermeister US, Inc.'s response to that order. Upon consideration of the response, the district court's docket, and the applicable law, the court dismisses the appeal for the reasons set forth below.
Generally, this court's jurisdiction is limited to final decisions of the district courts. 28 U.S. § 1291. An order entered by a magistrate judge is not directly appealable to this court unless the magistrate judge was proceeding on a designation by the district court and with the consent of the parties under 28 U.S.C. § 636(c). Phillips v. Beierwaltes, 466 F.3d 1217, 1220-21 (10th Cir. 2006).
In the case underlying this appeal, the magistrate judge entered an order denying Appellant's motion for prevailing party attorney's fees and costs. Appellant filed 1 objections to the order and a notice of appeal to this court. However, the magistrate judge's order was not a final order by the district court and is not directly appealable to this court. Accordingly, the court lacks jurisdiction to consider this appeal.
Appellant's request to consolidate this appeal with its later-filed Appeal No. 22-4020 is denied.
APPEAL DISMISSED. 2