Opinion
No. 06-7208.
Filed On: April 3, 2007.
BEFORE: Brown, Griffith, and Kavanaugh, Circuit Judges.
ORDER
Upon consideration of the motion to dismiss the appeal and for sanctions, the response thereto, and the reply, it is
ORDERED that the motion to dismiss be granted. Because appellant will have the opportunity to challenge the district court's sanctions order after final judgment is entered, the order is not reviewable prior to final judgment. See Cunningham v. Hamilton County, 527 U.S. 198, 206-07 (1999) (holding that party's former attorney could not rely on collateral order doctrine to file immediate appeal of sanctions order because party would not be barred from seeking post-judgment review and attorney's interests were congruent with party's interests); cf. Westmoreland v. CBS, Inc., 770 F.2d 1168, 1172 (D.C. Cir. 1985) (permitting immediate review of sanctions order under collateral order doctrine because individual subject to sanctions was non-party witness). It is
FURTHER ORDERED that the motion for sanctions be denied. The record does not establish that the current appeal was filed for an improper purpose. See D.C. Cir. Rule 38.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.