Ronald and Chester Brakke appeal from orders entered in the District Court
On May 21, 1985, the United States commenced an action for foreclosure of its security interest in stored grain and for a deficiency judgment against Ronald, Jean and Chester Brakke after Ronald Brakke defaulted on four promissory notes totalling approximately $173,000. Jean and Chester Brakke each had co-signed one of the notes. On June 12, 1985, appellants filed separate motions to dismiss asserting lack of jurisdiction over the subject matter and persons, insufficiency of process and service of process, and failure to state a claim upon which relief can be granted. On October 10, 1986, the magistrate issued an order setting a final pretrial conference for November 12, 1986. On October 29, Ronald Brakke filed a notice of appeal with the district court from the magistrate's order. He also filed an affidavit alleging prejudice on the part of the magistrate and demanded that she recuse herself from the case. On November 4, the district court denied the Brakkes' motions to dismiss and refused to set aside the magistrate's pretrial conference order. On November 10, Ronald and Chester Brakke filed notices and motions captioned "Motion for Order to Show Cause," demanding that the United States produce an injured party or be held in contempt of court. The district court denied the motions as frivolous. On November 12, the magistrate denied Ronald Brakke's motion requesting recusal. Ronald and Chester Brakke filed appeals from these orders, which have been consolidated for the purposes of review.
This court has jurisdiction over appeals "from final decisions of the district courts." 28 U.S.C. § 1291. The orders on appeal here are pretrial orders, not final decisions, and therefore are not reviewable at this time.
The district court's refusal to set aside the magistrate's order for a pretrial conference and denial of show cause motions, as well as the magistrate's denial of a motion for recusal, are likewise not immediately reviewable. See, e.g., United States v. Washington, 573 F.2d 1121 (9th Cir.1978) (order denying motion to disqualify judge). Cf. Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 101 S.Ct. 669, 66 L.Ed.2d 571 (1981) (order denying motion to disqualify counsel); Minnesota v. Pickands Mather & Co., 636 F.2d 251 (8th Cir.1980) (order denying leave to file third party complaint).
Accordingly, we dismiss the appeals without prejudice for lack of jurisdiction. See 8th Cir.R. 12(a).