Unpublished Dispositiondavid L. Campbell, Plaintiff-appellant, v. Department of Rehabilitation & Corrections, Captain Blair,sergeant Allen, Steve Dillon, J.e. Flaugher,defendants-appellees, 811 F.2d 604 (6th Cir. 1986)

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US Court of Appeals for the Sixth Circuit - 811 F.2d 604 (6th Cir. 1986)

Dec. 16, 1986


Before JONES and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.


ORDER

This matter is before the Court upon consideration of appellant's motions for appointment of counsel and to hold the appeal in abeyance.

It appears from the file that on September 19, 1986, the magistrate entered a report and recommendation that appellant's civil rights action should be dismissed. Thereafter, appellant on September 29 filed a notice of appeal from the magistrate's report and recommendation. The magistrate's report and recommendation is not a final decision from which an appeal can be taken. 28 U.S.C. § 1291; Catlin v. United States, 324 U.S. 229 (1945); Ambrose v. Welch, 729 F.2d 1084 (6th Cir. 1984). The Court is without jurisdiction over this appeal.

It is ORDERED that the motions be denied and the appeal be dismissed. Rule 9(d) (1), Rules of the Sixth Circuit.