Unpublished Dispositionkhalil-ullah Al-muhaymin, Plaintiff-appellant, v. Michael Dutton, et al., Defendants-appellees, 817 F.2d 104 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 817 F.2d 104 (6th Cir. 1987) May 1, 1987

Before KRUPANSKY and GUY, Circuit Judges, and GILMORE, District Judge.* 

ORDER

Appellant has filed a notice of appeal from the district court's order denying his motion to file a supplemental complaint. However, this order also granted appellant's motion to reinstate his claims against three defendants. Appellee moves to dismiss this appeal as prematurely filed because the order appealed from is not final. Appellant has failed to respond thereto.

Appellee's motion is hereby granted. The order denying the motion to file a supplemental complaint is not a final and appealable order within the meaning of 28 U.S.C. § 1291. Accordingly, this appeal is dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.

 *

Honorable Horace W. Gilmore, United States District Judge for the Eastern District of Michigan, sitting by designation

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