Ronnie Beard, Larry Claybrooks v. Bill Cook Jack Wylemans

Sixth Circuit

Ronnie Beard, Larry Claybrooks v. Bill Cook Jack Wylemans

848 F.2d 188, 1988 U.S. App. LEXIS 6580, 1988 WL 49074

CourtCourt of Appeals for the Sixth Circuit

DecidedMay 19, 1988

Docket88-6239

StatusUnpublished

This text of 848 F.2d 188 (Ronnie Beard, Larry Claybrooks v. Bill Cook Jack Wylemans) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ronnie Beard, Larry Claybrooks v. Bill Cook Jack Wylemans, 848 F.2d 188, 1988 U.S. App. LEXIS 6580, 1988 WL 49074 (6th Cir. 1988).

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848 F.2d 188

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Ronnie BEARD, Plaintiff,
Larry Claybrooks, Plaintiff-Appellant,
v.
Bill COOK; Jack Wylemans, Defendants-Appellees.

No. 88-6239.

United States Court of Appeals, Sixth Circuit.

May 19, 1988.

Before KRUPANSKY and DAVID A. NELSON, Circuit Judge, and BARBARA K. HACKETT, 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 record indicates that appellant appealed on February 23, 1988 from the February 18, 1988, order of the district court consolidating civil actions 87-1121 and 87-1128. The district court entered an order on March 11, 1988, denying various motions of appellant, advising that the appeal is interlocutory, and declining to make a 28 U.S.C. Sec. 1292(b) certification.

This court lacks jurisdiction in this appeal. Generally, an order of consolidation is not appealable absent exceptional circumstances. The order may be appealable under the "collateral order" exception of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949), if consolidation would create a plain case of prejudice through confusion of issues. In re Master Key Antitrust Litig., 528 F.2d 5, 13 (2d Cir.1975). The instant appeal does not fall within this exception, nor was 28 U.S.C. Sec. 1292(b) certification given by the district court.

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

*

The Honorable Barbara K. Hackett, U.S. District Judge for the Eastern District of Michigan, sitting by designation

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848 F.2d 188

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Ronnie BEARD, Plaintiff,
Larry Claybrooks, Plaintiff-Appellant,
v.
Bill COOK; Jack Wylemans, Defendants-Appellees.

No. 88-6239.

United States Court of Appeals, Sixth Circuit.

May 19, 1988.

Before KRUPANSKY and DAVID A. NELSON, Circuit Judge, and BARBARA K. HACKETT, 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 record indicates that appellant appealed on February 23, 1988 from the February 18, 1988, order of the district court consolidating civil actions 87-1121 and 87-1128. The district court entered an order on March 11, 1988, denying various motions of appellant, advising that the appeal is interlocutory, and declining to make a 28 U.S.C. Sec. 1292(b) certification.

This court lacks jurisdiction in this appeal. Generally, an order of consolidation is not appealable absent exceptional circumstances. The order may be appealable under the "collateral order" exception of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949), if consolidation would create a plain case of prejudice through confusion of issues. In re Master Key Antitrust Litig., 528 F.2d 5, 13 (2d Cir.1975). The instant appeal does not fall within this exception, nor was 28 U.S.C. Sec. 1292(b) certification given by the district court.

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

*

The Honorable Barbara K. Hackett, U.S. District Judge for the Eastern District of Michigan, sitting by designation

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848 F.2d 188, 1988 U.S. App. LEXIS 6580, 1988 WL 49074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ronnie-beard-larry-claybrooks-v-bill-cook-jack-wyl-ca6-1988.

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