Unpublished Dispositionjohnnie L. Edwards, Petitioner-appellant, v. Robert Lecrueux, Warden, Respondent-appellee, 816 F.2d 679 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 816 F.2d 679 (6th Cir. 1987) April 16, 1987

Before MARTIN, WELLFORD and MILBURN, Circuit Judges.


On October 23, 1986, appellant filed a motion for certificate of probable cause for appeal which was taken by the district court to be a notice of appeal. However, the only "order" entered in the case is the magistrate's report and recommendation recommending that appellant's petition for writ of habeas corpus (28 U.S.C. § 2254) be denied. Such an order is not appealable. Ambrose v. Welch, 729 F.2d 1084 (6th Cir. 1984).

Therefore, it is ORDERED that this appeal be dismissed. Rule 9(b) (1), Rules of the Sixth Circuit.