AMY JERRINE MISCHLER v. MATT BEVIN, in his official capacity as Governor of Kentucky; ANDY BESHEAR, in his official capacity as Attorney General; STITES & HARBISON, PLLC; HOWARD KEITH HALL; JULIE PAXTON; JOSEPH LAMBERT; TIMOTHY FEELEY; JOHN DAVID PRESTON - Articles

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Posted by: Landry Butler on Apr 13, 2018

Court: 6th Circuit Court (Published Opinions)

Judge(s): GUY, DAUGHTREY, and SUTTON, Circuit Judges.

Court Appealed: Appeal from the United States District Court for the Eastern District of Kentucky at Frankfort.

PER CURIAM. We must determine whether this appeal is properly before this court.

Amy Jerrine Mischler filed a civil rights action against multiple government officials. She later asked the district court judge to recuse himself from the case under 28 U.S.C. § 144. On March 2, 2018, the district court entered an order denying Mischler’s motion for recusal. On March 7, 2018, Mischler appealed the order.

This court lacks jurisdiction over the appeal. The district court has not entered a final appealable order terminating all of the issues presented in the litigation. And an order denying recusal is not immediately appealable under the collateral order doctrine. See Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 373–75 (1981).

Accordingly, the appeal is DISMISSED for lack of jurisdiction.