Unpublished Dispositionherschel Clark, Plaintiff-appellant, v. Eugene Barksdale, Sheriff; Kenneth Rook, Chief Deputy; Sixunknown Agents, Defendants-appellees, 798 F.2d 468 (6th Cir. 1986)

Annotate this Case
U.S. Court of Appeals for the Sixth Circuit - 798 F.2d 468 (6th Cir. 1986) June 13, 1986

Before MARTIN, GUY and BOGGS, Circuit Judges.


ORDER

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

On October 19, 1984, the district court entered an order setting aside a default judgment which it had previously granted against appellee Eugene Barksdale in appellant Herschel Clark's civil action filed pursuant to 42 U.S.C. § 1983. Upon the district court's denial of his motion for reconsideration of that order, appellant filed a notice of appeal from the order setting aside the default judgment on November 13, 1984. Orders vacating default judgments, however, are interlocutory and non-appealable, thereby necessitating the dismissal of this appeal. Kummer v. United States, 148 F.2d 191 (6th Cir. 1945).

It is therefore ORDERED that this appeal be and hereby is dismissed for lack of jurisdiction pursuant to Sixth Circuit Rule 9(d) (1).

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.