Unpublished Dispositionterry Troutman, Plaintiff-appellant, v. Sheriff Pennington; Robert Baker; Dep. Ivan Wilde; Davetaque, Defendants-appellees, 828 F.2d 20 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 828 F.2d 20 (6th Cir. 1987) September 1, 1987

ORDER

Before BOYCE F. MARTIN, Jr., and BOGGS, Circuit Judges, and WISEMAN, Chief United States District Judge.* 

This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

A review of the file indicates that appellant appealed from the magistrate's order denying his motion for appointment of counsel. The magistrate was not given plenary jurisdiction as provided by 28 U.S.C. § 636(c) (1). Therefore, any order entered by the magistrate is not directly appealable to this court. Ambrose v. Welch, 729 F.2d 1084 (6th Cir. 1984). In addition, an order denying a motion for appointment of counsel is not immediately appealable absent a final disposition of the case in the district court. Henry v. City of Detroit Manpower Dep't, 763 F.2d 757 (6th Cir.) (en banc), cert. denied, ---- U.S. ----, 106 S. Ct. 604 (1985).

It is ORDERED that the appeal be dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.

 *

The Honorable Thomas A. Wiseman, Jr., Chief United States Judge for the Middle District of Tennessee, sitting by designation

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