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Charles Lee Skinner v. Peggy M. Lockridge, Joseph W. Hagenlocker, 885 F.2d 866, 4th Cir. (1989)

Charles Lee Skinner appealed a magistrate's order requiring him to pursue his grievance through the inmate grievance procedure prior to further litigation. The 4th Circuit Court of Appeals dismissed the appeal for lack of jurisdiction, as the order was not a final order and was therefore not appealable under 28 U.S.C. 1291. As the order did not dispose of all issues for all parties or direct entry of final judgment, and was not otherwise appealable, the court found no basis for appellate jurisdiction and dismissed the appeal as interlocutory.

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25 views2 pages

Charles Lee Skinner v. Peggy M. Lockridge, Joseph W. Hagenlocker, 885 F.2d 866, 4th Cir. (1989)

Charles Lee Skinner appealed a magistrate's order requiring him to pursue his grievance through the inmate grievance procedure prior to further litigation. The 4th Circuit Court of Appeals dismissed the appeal for lack of jurisdiction, as the order was not a final order and was therefore not appealable under 28 U.S.C. 1291. As the order did not dispose of all issues for all parties or direct entry of final judgment, and was not otherwise appealable, the court found no basis for appellate jurisdiction and dismissed the appeal as interlocutory.

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885 F.

2d 866
Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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 Lee SKINNER, Plaintiff-Appellant,
v.
Peggy M. LOCKRIDGE, Joseph W. Hagenlocker, DefendantsAppellees.
No. 89-7689.

United States Court of Appeals, Fourth Circuit.


Submitted July 31, 1989.
Decided Aug. 31, 1989.

Charles Lee Skinner, appellant pro se.


Robert Harkness Herring, Jr., Office of the Attorney General, for
appellees.
Before K.K. HALL and WILKINS, Circuit Judges, and BUTZNER,
Senior Circuit Judge.
PER CURIAM:

Charles Lee Skinner appeals the magistrate's order to pursue his grievance
through the inmate grievance procedure prior to further litigation pursuant to 42
U.S.C. Sec. 1997e. 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 dispositive issues
have been decided authoritatively.

DISMISSED.

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