Background
Michael Villecco sought to appeal a district court order from March the fourth, two thousand and twenty-six, which overruled his objections to a magistrate judge order. That magistrate judge order had denied his motion to add documents to the record in a separate appeal, number twenty-five, one thousand four hundred thirty-seven.
The court’s reasoning
The court acted sua sponte and determined that the appeal was procedurally improper. The court found that the order Villecco sought to appeal was not a separately appealable order. The court directed that any request for relief related to the record in the underlying appeal should have been raised in that appeal, citing Federal Rule of Appellate Procedure ten, subsection e.
What it means going forward
The dismissal reinforces that parties must raise all record-related objections within the specific appeal where the record is being contested, rather than filing a separate appeal for such procedural matters.