Ralph Davidson v. Ron Brown, Secretary of Commerce Evan J. Kemp, Jr., Chairman

5 F.3d 535 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ralph DAVIDSON, Plaintiff-Appellant, v. Ron BROWN, Secretary of Commerce; Evan J. Kemp, Jr., Chairman, Defendants-Appellees. No. 93-15971. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 23, 1993. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Ralph Davidson appeals the district court's denial of his motion to disqualify the district court judge assigned to hear his case. The denial of a motion to disqualify a district court judge is not an appealable final order under 28 U.S.C. Sec. 1291 . United States v. Washington, 573 F.2d 1121, 1122 (9th Cir.1978). Thus, this court has no jurisdiction to hear Davidson's appeal. 3 In exceptional circumstances, when the disqualification issue is significant, this court may treat an appeal as a petition for a writ of mandamus and decide the merits of the disqualification issue. See id. at 1122-23 . We decline to…