Unpublished Dispositionemmer Jackson, Plaintiff-appellant, v. Anthony M. Frank, Postmaster General; Dolores Rozzi,defendants-appellees, 887 F.2d 1087 (6th Cir. 1989)

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U.S. Court of Appeals for the Sixth Circuit - 887 F.2d 1087 (6th Cir. 1989) Oct. 13, 1989

Before KEITH, MILBURN and ALAN E. NORRIS, Circuit Judges.


ORDER

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 documents before the court indicates that plaintiff appealed on September 5, 1989, from the district court's order granting an extension of time to the defendants for filing a responsive pleading to the complaint. Such an order is not a final appealable order pursuant to 28 U.S.C. § 1291 in that it does not terminate all the issues presented in the litigation on the merits. Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 373 (1981); Ford Motor Co. v. Transport Indem. Co., 795 F.2d 538, 543 (6th Cir. 1986). The order has not been certified for interlocutory appeal under 28 U.S.C. § 1292(b).

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

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