Unpublished Dispositionearl Mcfall, Plaintiff-appellant, v. George Wilson; Vern Taylor; Jack Lewis; Gene A. Scroggy;w. Adams, Lt.; Jack Woods; Jerry Fox; Gilbertanderson; Marion Tompkins; Kelly D.wiseman; Tom Simpson,defendants-appellees, 856 F.2d 195 (6th Cir. 1988)
Annotate this CaseBefore ENGEL, Chief Judge, MILBURN, Circuit Judge, and DAVID D. DOWD, District Judge.*
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 file indicates that the magistrate denied appellant's motion to file an amended complaint. That order was affirmed by the district court by order filed June 6, 1988. Appellant appealed the June 6, 1988, order.
This court lacks jurisdiction. An order denying a motion to amend a complaint is not appealable. Kartell v. Blue Shield of Mass., Inc., 687 F.2d 543, 551 (1st Cir. 1982); DeMelo v. Woolsey Marine Indus., Inc., 677 F.2d 1030, 1035 n. 12 (5th Cir. 1982); Bradshaw v. Zoological Soc'y, 662 F.2d 1301, 1304 (9th Cir. 1981); Encoder Communications, Inc. v. Telegen, Inc., 654 F.2d 198, 202 (2d Cir. 1981); Minnesota v. Pickands Mather & Co., 636 F.2d 251 (8th Cir. 1980).
It is ORDERED that the appeal be and it hereby is dismissed. Rule 9(b) (1), Rules of the Sixth Circuit.
The Honorable David D. Dowd, Jr., U.S. District Judge for the Northern District of Ohio, sitting by designation
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