KARGARIAN v. Adam Smith, Store Manager, Papa John's Pizza; Joshua, Assistant Manager, Papa John's Pizza; Travis, Assistant Manager, Papa John's Pizza, Defendants. (2021)

Mohammad M. Kargarian seeks to appeal the magistrate judge's order denying Kargarian's postjudgment motion for a trial. The parties did not consent to the jurisdiction of the magistrate judge, so the magistrate judge was not empowered to enter a final, appealable order. See 28 U.S.C. § 636(b)(1), (c)(1). The denial of Kargarian's motion for a trial is not a final, appealable order; accordingly, we lack jurisdiction to consider this appeal. See Rajaratnam v. Moyer, 47 F.3d 922, 923-24 (7th Cir. 1995). We therefore dismiss the appeal for lack of jurisdiction.^* We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

FOOTNOTES

FOOTNOTE.   In its informal response brief, Defendant Papa John's Pizza contends that this appeal—Kargarian's second in this case—is frivolous and vexatious. Defendant requests that we impose sanctions under Fed. R. App. P. 38. To the extent this request is procedurally proper, see Fed. R. App. P. 38 (providing authorization for imposing sanctions “after a separately filed motion or notice from the court”), we deny the request.

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.