Full opinion text
PER CURIAM: After briefs and oral argument, this interlocutory appeal is dismissed for want of jurisdiction. The District Court directed an order to the clerk of a state court requesting that a sealed manila envelope in the custody of that official in connection with a state court ease (which had been settled and dismissed with prejudice) be forwarded to the clerk of the federal court and there held in secrecy pending further order. A motion for a stay was heard and denied. Appellant then undertook an appeal to this Court without a certificate of the District Judge under the provisions of 28 U.S.C.A., § 1292(b) and without applying to this Court within ten days of the order for leave to appeal. We view this order as being, to all intents and purposes, no more than a subpoena duces tecum. The documents have been sent for in sealed form and ordered to be held that way. This was “only a step in the orderly procedure of the case”, it was not an injunction, and the order is therefore not appealable, O’Malley v. Chrysler Corp., 7 Cir., 1947, 160 F.2d 35. Appellant’s motion for mandamus relief is denied. Appeal dismissed and writ of mandamus denied.