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Baltuff v. United States

Circuit Court of Appeals, Ninth Circuit
Nov 25, 1929
35 F.2d 507 (9th Cir. 1929)

Summary

holding that there is no jurisdiction over an interlocutory order denying a motion for recusal

Summary of this case from Miner v. Kanner

Opinion

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.


Summaries of

Baltuff v. United States

Circuit Court of Appeals, Ninth Circuit
Nov 25, 1929
35 F.2d 507 (9th Cir. 1929)

holding that there is no jurisdiction over an interlocutory order denying a motion for recusal

Summary of this case from Miner v. Kanner

holding that there is no jurisdiction over an interlocutory order denying a motion for recusal

Summary of this case from Miner v. U.S. Fed. Gov't

holding that there is no appellate jurisdiction over an interlocutory order denying a motion for recusal

Summary of this case from Tucker v. UW-Neighborhood Clinics
Case details for

Baltuff v. United States

Case Details

Full title:BALTUFF v. UNITED STATES et al

Court:Circuit Court of Appeals, Ninth Circuit

Date published: Nov 25, 1929

Citations

35 F.2d 507 (9th Cir. 1929)

Citing Cases

United States v. State of Wash

Early authority in this circuit, and more recent authority generally, hold that denial of a motion to…

Tucker v. UW-Neighborhood Clinics

Likewise, the Ninth Circuit ordinarily lacks jurisdiction over appeals from the denial of a motion seeking…