Unpublished Dispositionvirginia Stevens, Plaintiff-appellant, v. State of Michigan, et al., Defendants-appellees, 770 F.2d 167 (6th Cir. 1985)

Plaintiff-apppellant sued the state of Michigan, seeking $50 million for alleged procedural and substantive due process violations. The state filed a motion to dismiss on grounds the Eleventh Amendment bars suits in federal court against a state by its citizens absent the state's consent. Rule 12(b) (6), Federal Rules of Civil Procedure. Without waiting for a decision on the motion, plaintiff-appellant filed a notice of appeal.

This Court has jurisdiction of appeals from the final decisions of district courts, 28 U.S.C. § 1291, and certain interlocutory orders, 28 U.S.C. § 1292, each of which pesumes the existence of a district court judgment or order. The instant appeal is premature, accordingly,

It is ORDERED that appeal number 84-1529 is dismissed for lack of jurisdiction.