Unpublished Dispositionmichael L. Martin, Plaintiff-appellant, v. Sheriff Cunningham; Correctional Officer Tuttle,defendants-appellees, 811 F.2d 606 (6th Cir. 1986)

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US Court of Appeals for the Sixth Circuit - 811 F.2d 606 (6th Cir. 1986) Dec. 16, 1986

Before ENGEL, KRUPANSKY and RYAN, Circuit Judges.


This matter is before the Court upon consideration of appellee's motion to dismiss the appeal on the ground that the order from which this appeal was taken is not final and appealable. Appellant has responded in opposition to the motion.

The district court's order from which this appeal was taken denied appellant's motion for production of documents for failure to comply with Local Civil Rule 3.04. Such an order is not a final and appealable order from which an immediate appeal may be taken. Butcher v. Bailey, 753 F.2d 465, 471 (6th Cir.), cert. dismissed, --- U.S. ----, 106 S. Ct. 17, 87 L. Ed. 2d 696 (1985); Cochran v. Birkel, 651 F.2d 1219, 1221 (6th Cir. 1981), cert. denied, 454 U.S. 1152 (1982); Dow Chemical Co. v. Taylor, 519 F.2d 352, 354 (6th Cir.), cert. denied, 423 U.S. 1033 (1975).

Accordingly, it is ORDERED that the appeal be and hereby is dismissed.