Unpublished Dispositionronald G. Taylor, Plaintiff-appellant, v. Samuel Wayne Logsdon, et al., Defendants-appellees, 848 F.2d 194 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 848 F.2d 194 (6th Cir. 1988) May 20, 1988

Before NATHANIEL R. JONES, WELLFORD and ALAN E. NORRIS, Circuit Judges.


ORDER

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

A review of the record indicates that appellant appealed on February 12, 1988, from the district court's February 5, 1988, order denying appellant's motion to strike the appellees' motion to dismiss. Such an order is not appealable because it was not a final decision pursuant to 28 U.S.C. § 1291, was not certified pursuant to 28 U.S.C. § 1292(b), nor does it fit in the collateral order exception of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368 (1981).

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