James Lester Roudabush, Jr. v. John Baker, JR., Sheriff, Wake County North Carolina Board of Commissioners, 911 F.2d 724, 4th Cir. (1990)
Uploaded by
Scribd Government DocsJames Lester Roudabush, Jr. v. John Baker, JR., Sheriff, Wake County North Carolina Board of Commissioners, 911 F.2d 724, 4th Cir. (1990)
Uploaded by
Scribd Government Docs911 F.
2d 724
Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
James Lester ROUDABUSH, Jr., Plaintiff-Appellant,
v.
John BAKER, Jr., Sheriff, Wake County North Carolina Board
of Commissioners, Defendants-Appellees.
No. 90-6082.
United States Court of Appeals, Fourth Circuit.
Submitted July 9, 1990.
Decided July 19, 1990.
Appeal from the United States District Court for the Eastern District of
North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (C/A No.
90-203-CRT)
James Lester Roudabush, Jr., appellant pro se.
E.D.N.C.
DISMISSED.
Before SPROUSE and WILKINS, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
PER CURIAM:
James Lester Roudabush appeals the order of the district court dismissing some
but not all of plaintiff's claims. He recognizes in his notice of appeal that his
appeal is interlocutory. 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 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
contentions are adequately presented in the materials before the Court and
argument would not aid the decisional process.
DISMISSED.
