Unpublished Dispositionin Re Robert B. Munn and Marcia L. Munn, Doing Business Ascaptain Bob's Marine and Huron Hydraulics, Debtors.robert B. Munn, Plaintiff-appellant, v. David R. Heyboer, Trustee for the Estate of Robert B. Andmarcia L. Munn, Debtors, Defendant-appellee, 914 F.2d 257 (6th Cir. 1990)

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US Court of Appeals for the Sixth Circuit - 914 F.2d 257 (6th Cir. 1990) Sept. 5, 1990

Before RYAN and ALAN E. NORRIS, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.


ORDER

This matter is before the court upon consideration of the appellee's motion to dismiss the appeal on the basis that the order appealed from is not a final appealable order. Appellant has filed a response.

A review of the record indicates that on December 4, 1989, the district court entered an order striking appellant's motion for leave to appeal and ordering instead that his appeal be construed as an appeal of right. The district court directed the parties to proceed with the appeal as required by bankruptcy court rules. Appellant appealed from that order.

This court lacks jurisdiction to consider this appeal. Purely administrative orders of a district court may not be appealed under 28 U.S.C. § 1291. See In re Rini, 782 F.2d 603, 606-07 (6th Cir. 1986). Furthermore, the November 29, 1989, order was a non-final decision because it did not end the litigation on the merits. See United States v. Michigan, No. 88-1869 (6th Cir. April 20, 1990).

It is ORDERED that the motion to dismiss be, and it hereby is, granted. The appeal is dismissed for lack of jurisdiction. Rule 8(a) (1), Rules of the Sixth Circuit.