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United States Court of Appeals, Fourth Circuit

The document is a court case from the United States Court of Appeals for the Fourth Circuit. It dismisses Warren David Lewis's appeal of a magistrate judge's order that dismissed some claims under 42 U.S.C. § 1983 but set others for trial. The Court of Appeals lacks jurisdiction because the order is not a final order or an appealable interlocutory order. The appeal is dismissed as interlocutory.

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35 views2 pages

United States Court of Appeals, Fourth Circuit

The document is a court case from the United States Court of Appeals for the Fourth Circuit. It dismisses Warren David Lewis's appeal of a magistrate judge's order that dismissed some claims under 42 U.S.C. § 1983 but set others for trial. The Court of Appeals lacks jurisdiction because the order is not a final order or an appealable interlocutory order. The appeal is dismissed as interlocutory.

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979 F.

2d 848

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Warren David LEWIS, Plaintiff-Appellant,
v.
Andrew J. WINSTON, Sheriff; Jane Doe # 1, Records
Supervisor, Richmond City Jail; Deputy Nunn, Records,
Richmond City Jail; Kevin M. Schork, Attorney, Public
Defender; David J. Johnson, Attorney, Public Defender;
Jane Doe # 2, Assistant Attorney General, DefendantsAppellees.
No. 92-6682.

United States Court of Appeals,


Fourth Circuit.
Submitted: October 26, 1992
Decided: November 20, 1992

Appeal from the United States District Court for the Eastern District of
Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-91-224-R)
Warren David Lewis, Appellant Pro Se.
Sarah Jane Chittom, Shuford, Rubin & Gibney, Richmond, Virginia; Peter
Robert Messitt, Office of the Attorney General of Virginia, Richmond,
Virginia, for Appellees.
E.D.Va.
Dismissed.
Before ERVIN, Chief Judge, and RUSSELL and WIDENER, Circuit
Judges.

PER CURIAM:

OPINION
1

Warren David Lewis appeals an order of the magistrate judge dismissing some
of his claims under 42 U.S.C. 1983 (1988), and setting the remainder for trial.
We dismiss the appeal for lack of jurisdiction because the order is not
appealable. This Court may exercise jurisdiction only over final orders, 28
U.S.C.s 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C.
1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541 (1949). The order here appealed is neither a final order nor an
appealable interlocutory or collateral order.

We dismiss the appeal as interlocutory. * We dispense with oral argument


because the facts and legal contentions are adequately presented in the
materials before the Court and argument would not aid the decisional process.
DISMISSED

*Appellee Winston filed a motion with this Court seeking to have the case
decided on informal briefs or, in the alternative, to dismiss the appeal as
untimely. To the extent that the appeal was decided on the informal briefs we
grant the motion. However, because the appeal was timely (though
interlocutory), we deny the remainder of the motion.

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