Scribd
Upload
23 views2 pages

Legal Appeal Dismissal Notice

The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1993. It dismisses an appeal from Michael Whitt of the district court's order dismissing the action against Defendant Omara and denying Whitt's motion for default judgment. The Court of Appeals dismisses the appeal because the district court's order was not a final judgment or appealable interlocutory or collateral order, making the appeal premature.

Uploaded by

Scribd Government Docs
Copyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
23 views2 pages

Legal Appeal Dismissal Notice

The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1993. It dismisses an appeal from Michael Whitt of the district court's order dismissing the action against Defendant Omara and denying Whitt's motion for default judgment. The Court of Appeals dismisses the appeal because the district court's order was not a final judgment or appealable interlocutory or collateral order, making the appeal premature.

Uploaded by

Scribd Government Docs
Copyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
You are on page 1/ 2

986 F.

2d 1417

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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Michael WHITT, Plaintiff-Appellant,
v.
Lonnie M. SAUNDERS; Jack Lee; Leroy Moats; Major
Braxton;
Doctor Omara; John Barnes, Professor; Thomas
Morton, Director, Defendants-Appellees.
No. 92-6965.

United States Court of Appeals,


Fourth Circuit.
Submitted: February 1, 1993
Decided: February 22, 1993

Appeal from the United States District Court for the Western District of
Virginia, at Roanoke. Samuel G. Wilson, District Judge. (CA-92-414-R)
Michael Whitt, Appellant Pro Se. Mark Ralph Davis, Caroline Lockerby,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
Virginia, for Appellees.
W.D.Va.
DISMISSED.
Before HALL and PHILLIPS, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
PER CURIAM:

Michael Whitt appeals the district court's order dismissing the action against

Defendant Omara pursuant to 28 U.S.C.s 1915(d) (1988) and denying Whitt's


motion for default judgment against Omara. 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. 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

You might also like