Unpublished Dispositiondewayne Warthen, Plaintiff-appellant, v. Don Swartz, K. Hiland, Michael D. Smith, C.w. Cox, Don Rose,l.d. Carpenter, G.r. Mccune, James A. Finney, Johnand Jane Doe, Defendants-appellees, 908 F.2d 974 (6th Cir. 1990)
Annotate this CaseBefore KRUPANSKY and BOGGS, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.
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 record indicates that the appellant appealed on April 19, 1990, from the April 10, 1990, order referring the case to a magistrate. Such an order is not appealable. See In re Dalton, 733 F.2d 710, 714 (10th Cir. 1984), cert. dismissed, 469 U.S. 1185 (1985).
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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