Unpublished Dispositionpearly Wilson, Plaintiff-appellant, v. Dr. A. J. Tenoglia; Jerry Patton, R.n., Defendants-appellees, 827 F.2d 771 (6th Cir. 1987)

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U.S. Court of Appeals for the Sixth Circuit - 827 F.2d 771 (6th Cir. 1987) August 24, 1987

ORDER

Before BOYCE F. MARTIN, Jr., NATHANIEL R. JONES and WELLFORD, Circuit Judges.


This matter is before the court upon consideration of the appellees' motion to dismiss the appeal for lack of jurisdiction. Appellant has failed to respond.

Appellant initiated a 42 U.S.C. § 1983 action in the district court. On April 28, 1987, the district court entered an order denying counsel and an extension of time to complete discovery. On May 4, 1987, appellant appealed from that portion of the April 28, 1987, order that denied counsel.

An order denying a motion for appointment of counsel is not appealable. Henry v. City of Detroit Manpower Dep't, 763 F.2d 757 (6th Cir.) (en banc), cert. denied, ---- U.S. ----, 106 S. Ct. 604 (1985). No final judgment or appealable order has been entered. Coopers & Lybrand v. Livesay, 437 U.S. 463 (1978); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949); Catlin v. United States, 324 U.S. 229 (1945).

It is ORDERED that the motion to dismiss be granted and the appeal be dismissed. Rule 8, Rules of the Sixth Circuit.