Donaldson v. Hiland Dairy
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 29, 2026
Docket26-10240
StatusUnpublished
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Full Opinion
Case: 26-10240 Document: 43-1 Page: 1 Date Filed: 10/29/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-10240 October 29, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
Robert Leon Donaldson,
Plaintiff—Appellant,
versus
Hiland Dairy; Borden Dairy; Lanora Wyatt; Nate
Glosser; Michael Green,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:25-CV-2649
______________________________
Before Richman, Duncan, and Ramirez, Circuit Judges.
Per Curiam: *
Robert Leon Donaldson filed a pro se complaint raising employment
discrimination claims under Title VII of the Civil Rights Act of 1964. Before
the district court entered an order and judgment dismissing his complaint,
Donaldson filed an appeal of the magistrate judge’s order denying his motion
for relief from the automatic stay and permission to file a proof of claim and
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-10240 Document: 43-1 Page: 2 Date Filed: 10/29/2026
No. 26-10240
the magistrate judge’s report recommending that his complaint be dismissed.
Donaldson now seeks leave to proceed IFP on his appeal of the magistrate
judge’s order and report.
We must examine the basis of our jurisdiction, sua sponte if necessary.
Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). “The courts of appeals
. . . have jurisdiction of appeals from all final decisions of the district courts
of the United States.” 28 U.S.C. § 1291. Accordingly, unless the parties
have consented to proceed before a magistrate judge, “appellate courts are
without jurisdiction to hear appeals directly from federal magistrates.”
United States v. Renfro, 620 F.2d 497, 500 (5th Cir. 1980); see Donaldson
v. Ducote, 373 F.3d 622, 624 (5th Cir. 2004). Furthermore, unless otherwise
authorized, a magistrate judge’s report and recommendation does not
constitute a final decision by the district court and is thus not appealable
under 28 U.S.C. § 1291. Trufant v. Autocon, Inc., 729 F.2d 308, 309 (5th Cir.
1984).
There is no evidence that Donaldson consented to proceed before the
magistrate judge. See Donaldson, 373 F.3d at 624. Accordingly, the motion
to proceed IFP is DENIED, and the appeal is DISMISSED for lack of
jurisdiction. See id.; Trufant, 729 F.2d at 309; Renfro, 620 F.2d at 500.
Donaldson’s motion for equitable tolling is likewise DENIED.
2