Background
Deon Turner, proceeding pro se, sought to appeal a district court order that denied his motion to disqualify the district judge and granted him time to provide information regarding equitable tolling of the statute of limitations for a habeas petition.
The court’s reasoning
The court explained that it may exercise jurisdiction only over final orders under Section twelve hundred and ninety-one of Title twenty-eight of the United States Code, and certain interlocutory and collateral orders under Section twelve hundred and ninety-two. The order Turner sought to appeal was neither a final order nor an appealable interlocutory or collateral order. The court cited precedent establishing that the denial of a motion to disqualify is not a final and appealable order.
What it means going forward
State prisoners cannot appeal district court orders denying motions to disqualify judges until a final judgment is entered in the underlying case.
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