Freedom From Religion Foundation, Inc. v. Shulman, Douglas

Filing 29

ORDER denying 23 Motion for Certificate of Appealability signed by District Judge Lynn S. Adelman on 12/18/13. (cc: all counsel) (dmm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN

FREEDOM FROM RELIGION FOUNDATION, INC.,
Plaintiff,
v.

Case No. 12-C-0818

DANIEL WERFEL, Acting Commissioner
of the Internal Revenue Service,
Defendant.

DECISION AND ORDER
On August 19, 2013, I issued an order denying the Commissioner’s motion to
dismiss. On December 2, 2013, the Commissioner filed a petition asking that I certify
that order for purposes of an interlocutory appeal under 28 U.S.C. § 1292(b). However,
I am not of the opinion that the order involves a controlling question of law as to which
there is a substantial ground for difference of opinion and that an immediate appeal
from the order may materially advance the ultimate termination of the litigation.
Therefore, the Commissioner’s request is DENIED.
Dated at Milwaukee, Wisconsin this 18th day of December, 2013.
s/ Lynn Adelman
______________________________
LYNN ADELMAN
District Judge