The Franzens filed an action for damages and other relief in bankruptcy court against the Federal Land Bank of Omaha (hereinafter FLB), the Honorable Timothy J. Mahoney (a bankruptcy court judge) and Lori J. Siewart (an attorney for the FLB). They alleged, inter alia, that during the pendency of the Franzens’ Chapter 11 bankruptcy proceedings, Judge Mahoney violated the Agricultural Credit Act of 1987 by mishandling proceedings relating to a foreclosure action brought by the FLB against the Franzens.
Judge Mahoney filed a motion to dismiss. The bankruptcy court analyzed the motion based on
Stump v. Sparkman,
We hold that the order dismissing a bankruptcy judge based on his immunity is not a final appealable order. While we recognize that in some instances bankruptcy proceedings justify a distinctive and more flexible definition of finality, appeals have not been automatically allowed to the courts of appeals from district court decisions on interlocutory appeals.
See generally
16 C. Wright, A. Miller & E. Cooper,
Federal Practice and Procedure
§ 3926 (Supp.1989). In this case, the order does not conclusively determine the substantive rights of the parties as the Franzens’ action against the other named defendants is still pending, nor does it have any of the other indicia of finality which would make appellate jurisdiction appropriate.
See In re Apex Oil,
Accordingly, we dismiss for lack of jurisdiction.
