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Legal Appeal Dismissal Notice

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Albert William Lacy related to a partial filing fee of $108 that was assessed by the district court for a civil rights action. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order, as it did not dispose of all issues for all parties involved in the litigation. As the order was not final, it was not appealable. Therefore, the appeals court dismissed the appeal.

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14 views2 pages

Legal Appeal Dismissal Notice

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Albert William Lacy related to a partial filing fee of $108 that was assessed by the district court for a civil rights action. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order, as it did not dispose of all issues for all parties involved in the litigation. As the order was not final, it was not appealable. Therefore, the appeals court dismissed the appeal.

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900 F.

2d 253
Unpublished Disposition

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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Albert William LACY, Plaintiff-Appellant,
v.
C.M. SPENCER, Counselor; Willis GIBSON, Associate
Warden;
Robert SUTTON, General Foreman; J.J. Clark,
Warden, Petersburg Federal Correctional
Institution, Defendants-Appellees.
No. 89-7842.

United States Court of Appeals, Fourth Circuit.


Submitted March 5, 1990.
Decided March 19, 1990.

Appeal from the United States District Court for the Eastern District of
Virginia, at Norfolk. Robert G. Doumar, District Judge. (C/A No. MISC89-85-N).
Albert William Lacy, appellant pro se.
E.D.Va.
DISMISSED.
Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit
Judges.
PER CURIAM:

Albert William Lacy filed this civil rights action and the district court assessed

him a partial filing fee of $108. He appeals the order. We dismiss the appeal
for lack of jurisdiction.

Under 28 U.S.C. Sec. 1291 this Court has jurisdiction over appeals from final
orders. A final order is one which disposes of all issues in dispute as to all
parties. It "ends the litigation on the merits and leaves nothing for the court to
do but execute the judgment." Catlin v. United States, 324 U.S. 229, 233
(1945).

As the order appealed from is not a final order, it is not appealable under 28
U.S.C. Sec. 1291. The order is not appealable under the provisions of 28 U.S.C.
Sec. 1292. Finally, the order is not appealable as a collateral order under Cohen
v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949).

Finding no basis for appellate jurisdiction, we deny leave to proceed in forma


pauperis and 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

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