IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-40701

Summary Calendar

WILLIE JAMES MCCRAY,

Plaintiff-Appellant

v.

WILLIE HAWKINS, In His Individual Capacity; JOE ALONZO, In His

Individual Capacity; UP OUTLAW, Individually and in his Official Capacity as

Warden; UP MARTINEZ, Individually and in her Official Capacity as Associate

Warden; UP DOTTY, Individually and in her Official Capacity as Case manager

Coordinator; ANGELA L. GENTRY, Individually and in her Official Capacity as

Unit Manager; R. P. SACKETT, Individually and in her Official Capacity as

Case Manager; REBECCA TAMEZ, Individually and in her Official Capacity as

DSCC Administrator; UNKNOWN PARTIES, Unknown USP Beaumont, Texas

Officials in their Individual Capacities; STACEY BUTLER, Inmate; JOHN

MIRERS, Inmate; PERSONS UNKNOWN, unknown USP Beaumont, Texas

Inmates in their Individual Capacities; UP ADUICCI, Individually and in her

Official Capacity as Associate Warden; UNKNOWN OFFICIALS, In their

Individual capacities at FCI Beaumont Medium; FCC BEAUMONT LOW

UNKNOWN OFFICIALS, In their Individual Capacities at FCC Beaumont Low;

FCI BEAUMONT MEDIUM UNKNOWN OFFICIALS, In their Individual

Capacities as Officials,

Defendants-Appellees

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:07-CV-129

United States Court of Appeals

Fifth Circuit

F I L E D

April 8, 2010

Lyle W. Cayce

Clerk

Case: 09-40701 Document: 00511074129 Page: 1 Date Filed: 04/08/2010
No. 09-40701

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.

2

Before JOLLY, WIENER, and ELROD, Circuit Judges.

PER CURIAM:*

Willie James McCray, federal prisoner # 24599-018, appeals from the

magistrate judge’s denials of his various pretrial motions. McCray consented to

the magistrate judge’s resolution of these motions pursuant to 28 U.S.C. § 636(c).

However, because the magistrate judge’s orders denying those motions are

neither final decisions nor appealable collateral orders, this court lacks

jurisdiction to consider them in this appeal. See 28 U.S.C. § 1291; Davis v. East

Baton Rouge Parish Sch. Bd., 78 F.3d 920, 925-26 (5th Cir. 1996). His appeal

must therefore be dismissed.

McCray also petitions this court for a writ of mandamus on the grounds

that (1) certain of his pretrial motions were granted initially before the

magistrate judge issued the order denying them and (2) the defendants were

criminally convicted as part of this action and should have already been

sentenced. Both of McCray’s asserted grounds are erroneous. McCray’s

mandamus petition is denied.

McCray previously filed a similar mandamus petition, which was also

denied. McCray is warned that any future frivolous, repetitive, or otherwise

abusive filings will invite the imposition of sanctions, including dismissal,

monetary sanctions, and restrictions upon his ability to file pleadings in this

court or any other court subject to this court’s jurisdiction.

APPEAL DISMISSED; MANDAMUS PETITION DENIED; SANCTION

WARNING ISSUED.

Case: 09-40701 Document: 00511074129 Page: 2 Date Filed: 04/08/2010