Fauber

*133 MEMORANDUM **

Curtís Fauber, a California inmate sentenced to death, appeals the district court’s discovery order which found that Fauber waived the work product doctrine with respect to ten documents that it found otherwise discoverable despite the inclusion of those documents in a privilege log based on other grounds. We dismiss the appeal for lack of appellate jurisdiction.

Appellate courts may generally only hear appeals from “final decisions of the district courts.” 28 U.S.C. § 1291 . However, there is “a small class [of orders] which finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated.” 28 U.S.C. § 1291 ; Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949). An order is immediately “appeal-able as a ‘collateral order’ when it (1) conclusively determines the disputed question, (2) resolves an important issue completely separate from the merits of the action, and (3) is effectively unreviewable on appeal from a final…