Unpublished Dispositionralph Franklin Frederick, Petitioner-appellant, v. Donal Campbell, Warden, Respondent-appellee, 811 F.2d 605 (6th Cir. 1986)

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US Court of Appeals for the Sixth Circuit - 811 F.2d 605 (6th Cir. 1986) Dec. 8, 1986

Before ENGEL, JONES and NELSON, Circuit Judges.


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

Petitioner in this habeas corpus action has appealed from a September 29, 1986 memorandum and order that approved part of a Magistrate's Report and Recommendation and also ordering an evidentiary hearing be held on the speedy trial issue. Such an order is not appealable pursuant to 28 U.S.C. § 1291. Catlin v. United States, 324 U.S. 229 (1945). The Court is without jurisdiction to entertain the appeal.

It is ORDERED that the appeal be and hereby is dismissed for lack of jurisdiction. Rule 9(d) (1), Rules of the Sixth Circuit.