United States of America, Plaintiff-appellee, v. Charles A. Schenk, Defendant-appellant, 951 F.2d 1261 (10th Cir. 1991)

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US Court of Appeals for the Tenth Circuit - 951 F.2d 1261 (10th Cir. 1991) Dec. 19, 1991

Before McKAY, Chief Judge, and SEYMOUR and EBEL, Circuit Judges.

ORDER AND JUDGMENT* 

McKAY, Chief Judge.


After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

This case involves a suit brought by the United States for declaratory and injunctive relief with respect to appellant's attempt to encumber the property of a former Internal Revenue Service employee with a "common-law lien." On May 7, 1991, the District Court issued an order striking appellant's purported answer as unresponsive and directing him to file a proper answer. Rather than responding to the district court's order, appellant elected instead to appeal the order to this court.

This court is without jurisdiction to entertain this appeal because the district court has not yet entered a final order in the case. Therefore, this appeal is DISMISSED. The mandate shall issue forthwith.

 *

This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3

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