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United States Court of Appeals, Fourth Circuit

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Kahill Kashon Thorpe filed a lawsuit against several prison officials. The district court dismissed the action against some defendants but not others. Thorpe appealed the partial dismissal. The Fourth Circuit dismissed the appeal, finding that the district court's order was not a final decision or an appealable interlocutory order, as is required for the appeals court to have jurisdiction. As the order was not final, dealing with all parties and claims, the partial dismissal was not yet appealable. The appeals court also denied Thorpe's motion to appoint counsel.

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39 views2 pages

United States Court of Appeals, Fourth Circuit

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Kahill Kashon Thorpe filed a lawsuit against several prison officials. The district court dismissed the action against some defendants but not others. Thorpe appealed the partial dismissal. The Fourth Circuit dismissed the appeal, finding that the district court's order was not a final decision or an appealable interlocutory order, as is required for the appeals court to have jurisdiction. As the order was not final, dealing with all parties and claims, the partial dismissal was not yet appealable. The appeals court also denied Thorpe's motion to appoint counsel.

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48 F.

3d 1217
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished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of the case and requires service of copies of cited unpublished dispositions of the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.

Kahill Kashon THORPE, Plaintiff-Appellant,


v.
Stanley R. WITKOWSKI, individually and in his official
capacity as Warden, Perry Correctional Institution; Charles
Brock, individually and in his official capacity as
Associate Warden, Perry Correctional Institution; Flora B.
Boyd, individually and in her official capacity as Warden,
Evans Correctional Institution; Douglas Funderburk,
individually and in his official capacity as Captain, Evans
Correctional Institution; James Sewell, formerly known as
John Doe Sewell, individually and in his official capacity
as Captain, Perry Correctional Institution, DefendantsAppellees.
No. 94-6969.

United States Court of Appeals, Fourth Circuit.


Submitted Feb. 16, 1995.
Decided March 6, 1995.

Kahill Kashon Thorpe, Appellant pro se.


Ronald Keith Wray, II, Gibbes & Clarkson, P.A., Greenville, SC, for
Appellees.
Before HAMILTON and MOTZ, Circuit Judges, and CHAPMAN, Senior
Circuit Judge.
PER CURIAM:

Appellant appeals the district court's order dismissing the action as to some but

not all Defendants. 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. Sec. 1291 (1988), and certain interlocutory and collateral
orders, 28 U.S.C. Sec. 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial
Industrial Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither
a final order nor an appealable interlocutory or collateral order.
2

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

Because the appeal presents no substantial issues, we deny the motion to


appoint counsel

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