DARBEAU v. LIBRARY OF CONGRESS, 06-8002 (D.C. Cir. 1-26-2007)

Selwyn G. Darbeau, Petitioner v. Library of Congress, et al., Respondents.

No. 06-8002.United States Court of Appeals, District of Columbia Circuit.
Filed On: January 26, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

BEFORE: Ginsburg, Chief Judge, and Garland and Brown, Circuit Judges

Per Curiam

ORDER
Upon consideration of the petition for permission to appeal, it is

ORDERED that the petition be denied, because the district court denied petitioner’s request to certify the challenged order for interlocutory review, see28 U.S.C. § 1292(b); Coopers Lybrand v.Livesay, 437 U.S. 463 (1978) (“[T]he discretionary power to permit an interlocutory appeal is not, in the first instance, vested in the courts of appeals.”), and petitioner has not otherwise demonstrated that the challenged order qualifies for immediate appeal. Cohen v. Beneficial Indus. LoanCorp., 337 U.S. 541 (1949).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. Because no appeal has been allowed, no mandate shall issue.