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Extracted Text (OCR)
Case 20-3061, Document 38, 09/16/2020, 2932233, Page12 of 23
at issue is not related to any right not to stand trial.” /d. at 26.
2. Appeals Involving Injunctions
15. Title 28, United States Code, Section 1292(a)(1) provides that
Courts of Appeals shall have jurisdiction over “[i]nterlocutory orders of the district
courts of the United States . . . or of the judges thereof, granting, continuing,
modifying, refusing or dissolving injunctions, or refusing to dissolve or modify
injunctions, except where a direct review may be had in the Supreme Court.”
Orders regulating discovery in a criminal case, even if couched “using words of
restraint,” are not injunctions and are therefore not appealable under § 1292(a)(1).
See Pappas, 94 F.3d at 798 (“Protective orders that only regulate materials
exchanged between the parties incident to litigation, like most discovery orders, are
neither final orders, appealable under 28 U.S.C. § 1291, nor injunctions, appealable
under 28 U.S.C. § 1292(a)(1).” (internal citations omitted)); Caparros, 800 F.2d at
26.
B. Discussion
16. There is no dispute that the Order is not a final judgment and
thus is not appealable unless it fits within the “small class” of decisions that
constitute immediately appealable collateral orders. Van Cauwenberghe, 486 U.S.
at 522. Because the Order does not fall within the extremely narrow category of
collateral orders that are appealable in criminal cases, where the collateral order
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00019378.jpg |
| File Size | 625.2 KB |
| OCR Confidence | 93.1% |
| Has Readable Text | Yes |
| Text Length | 1,490 characters |
| Indexed | 2026-02-03 19:42:48.161483 |