Unpublished Dispositionlamar Grant, Petitioner-appellant, v. Terry L. Morris, Supt., Respondent-appellee, 852 F.2d 1287 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 852 F.2d 1287 (6th Cir. 1988)

July 29, 1988

Before LIVELY, MERRITT and KRUPANSKY Circuit Judges.


The petitioner filed a notice of appeal from a Magistrate's report and recommendation in this habeas corpus proceeding. The respondent moves for dismissal of the appeal for lack of appellate jurisdiction. The petitioner has not filed an opposition to that motion.

Because a Magistrate's report and recommendation is not a final order of the district court for purposes of 28 U.S.C. § 1291, it cannot be appealed to this Court. As the petitioner was informed at the time, his remedy was to challenge the report and recommendation by filing timely objections with the district court.

It therefore is ORDERED that the motion to dismiss is granted.