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United States Court of Appeals, Fourth Circuit

This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal in the case of Charles E. Brent v. Classification Department of the Maryland Penitentiary et al. for lack of appellate jurisdiction. The district court had stayed the proceedings pending exhaustion of administrative remedies. The Court of Appeals found that the district court's order was not a final order and did not fall under any exception, so the appeal was interlocutory and dismissed.

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27 views2 pages

United States Court of Appeals, Fourth Circuit

This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal in the case of Charles E. Brent v. Classification Department of the Maryland Penitentiary et al. for lack of appellate jurisdiction. The district court had stayed the proceedings pending exhaustion of administrative remedies. The Court of Appeals found that the district court's order was not a final order and did not fall under any exception, so the appeal was interlocutory and dismissed.

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851 F.

2d 356
Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Charles E. BRENT, Plaintiff-Appellant,
v.
CLASSIFICATION DEPARTMENT OF THE MARYLAND
PENITENTIARY to
wit:; H.E. Rogers; Patricia Goins; Lucille Bagley;
Robert Bond; William Berry; Kevin Richardson; Carol
Jackson; Francis Wilson; Benjamin Amara; Patricia
Lesnick; Brett Schurman; Sidney Webb; Alvin Wooden;
Lewis Williams; Warden of Maryland Penitentiary,
Defendants-Appellees.
No. 88-7102.

United States Court of Appeals, Fourth Circuit.


Submitted: May 26, 1988.
Decided: July 6, 1988.

Charles E. Brent, appellant pro se.


Before WIDENER, JAMES DICKSON PHILLIPS and SPROUSE,
Circuit Judges.
PER CURIAM:

Charles E. Brent appeals from the district court's order staying all proceedings
in his 42 U.S.C. Sec. 1983 action pending exhaustion of administrative
remedies, pursuant to 42 U.S.C. Sec. 1997e.

Under 28 U.S.C. Sec. 1291 this Court has jurisdiction over appeals from final

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 district court has not directed entry of final judgment as
to particular claims or parties under Fed.R.Civ.P. 54(b), nor is the order
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 dismiss the appeal as


interlocutory. We dispense with oral argument because the facts and legal
arguments are adequately presented in the materials before the Court and oral
argument would not significantly aid the decisional process.

DISMISSED.

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