HOLMES v. HAYNSWORTH SINKLER BOYD (2020)

Cynthia Holmes petitions for permission to appeal under 28 U.S.C. § 1292(b) the district court's order denying her motion to disqualify the magistrate judge from this bankruptcy appeal and her motion seeking review and reconsideration should the magistrate judge deny Holmes’ motion to remand. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292. Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). In order to be reviewed, the interlocutory order must be certified by the district court in accordance with 28 U.S.C. § 1292(b). Because the district court did not certify the order, we deny Holmes’ petition for permission to appeal.^* We grant Holmes’ motion to exceed length limitations for the petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

PETITION DENIED

FOOTNOTES

FOOTNOTE.   We also note that Holmes failed to file her petition within ten days after the entry of the district court's order as required by 28 U.S.C. § 1292(b).

PER CURIAM:

Petition denied by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.