Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Elbert L. Hatchett, Defendant-appellant, 856 F.2d 196 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 856 F.2d 196 (6th Cir. 1988) Aug. 15, 1988

Before KENNEDY and WELLFORD, Circuit Judges, and HERMAN J. WEBER, District Judge* .

ORDER

Defendant appeals from the district court's order which denied his motion to disqualify Judge Gilmore in this civil tax action. An order refusing to disqualify a judge is not appealable. City of Cleveland v. Krupansky, 619 F.2d 576 (6th Cir.), cert. denied, 449 U.S. 834 (1980). Likewise, such an order is not reviewable by way of mandamus. In re City of Detroit, 828 F.2d 1160 (6th Cir. 1987). Accordingly, the appeal in Case No. 88-1529 is dismissed for lack of jurisdiction.

 *

The Honorable Herman J. Weber, U.S. District Judge for the Southern District of Ohio, sitting by designation

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