(DOWNLOAD) "Branham v. Koehler" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Branham v. Koehler
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 22, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Before: KEITH and MARTIN, Circuit Judges; and JULIA S. GIBBONS, District Judge* Order This court entered an order on July 3, 1989, directing the appellant to show cause why his appeal should not be dismissed for lack of jurisdiction because of a late notice of appeal. Appellant responded with documentation showing that his notice of appeal was given to prison authorities within the thirty-day appeal period permitted by Fed. R. App. P. and, therefore, should be deemed timely filed. See Houston v. Lack, 108 S. Ct. 2379, 2383-85 (1988). However, the order adopting the magistrate's report and recommendation from which appellant appealed is not a final, appealable order but only denied a motion for a speedy hearing for declaratory judgment and advancement of the case on the trial calendar. This court lacks jurisdiction to review an order of the district court unless it is a final decision or otherwise appealable as an interlocutory order under 28 U.S.C. § 1292. Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 378-79 (1981). It is ORDERED that the appeal taken from a nonappealable order be, and it hereby is, dismissed. Rule 9(b)(1), Rules of the Sixth Circuit.