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holding that there is no jurisdiction over an interlocutory order denying a motion for recusal
Summary of this case from Miner v. KannerOpinion
No. 5832.
October 21, 1929. Rehearing Denied November 25, 1929.
Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Northern Division. Edward E. Cushman, Judge.
Libel by Eduarda K. Baltuff against the United States. From orders denying the substitution of a new judge and refusing libelant authenticated copy of affidavit of prejudice and amended application for a new judge, libelant appeals. Appeal dismissed.
Eduarda K. Baltuff, of Tacoma, Wash., in pro. per.
Anthony Savage, U.S. Atty., and Jeffrey Heiman, Asst. U.S. Atty., both of Seattle, Wash., for appellees.
Before DIETRICH and WILBUR, Circuit Judges, and LOUDERBACK, District Judge.
From the nature of appeal contained in the record it appears that the appellant "appeals from the denial of Judge Edward E. Cushman for a new judge to hear and determine the issues of the above-entitled cause, and his denial to libelant of her right to an authenticated copy of her affidavit of prejudice and amended application for a new judge." Apparently, from the record, two applications were made to the trial judge for proceedings under 28 USCA §§ 23, 25, based upon an affidavit attempting to allege bias and prejudice, and that the judge was to be a witness.
These orders are not appealable. McColgan v. Lineker (C.C.A.) 289 F. 253.
Appeal dismissed.