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United States Court of Appeals, Fourth Circuit

The document is a court ruling dismissing an appeal for lack of jurisdiction. In 3 sentences: The court ruled that the order denying the appellant's motion for appointment of counsel was not a final, appealable order as it did not dispose of all issues for all parties in the underlying case. As the order was interlocutory and did not meet the criteria for immediate appealability, the court dismissed the appeal for lack of jurisdiction. The court also denied the appellant's request to proceed in forma pauperis and dispensed with oral argument as the jurisdictional issue had been conclusively decided.

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24 views2 pages

United States Court of Appeals, Fourth Circuit

The document is a court ruling dismissing an appeal for lack of jurisdiction. In 3 sentences: The court ruled that the order denying the appellant's motion for appointment of counsel was not a final, appealable order as it did not dispose of all issues for all parties in the underlying case. As the order was interlocutory and did not meet the criteria for immediate appealability, the court dismissed the appeal for lack of jurisdiction. The court also denied the appellant's request to proceed in forma pauperis and dispensed with oral argument as the jurisdictional issue had been conclusively decided.

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896 F.

2d 1367
Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
George T. JOHNSON, Plaintiff-Appellant,
and
Richard Bradley; Jack S. Hart, Sr.; Michael J. Kirk;
Jimmy D. Westfall, Plaintiffs,
v.
Joe TRUPPO, Sheriff; Bob Lenvill, Correctional Officer;
Ronald Gregory, Commissioner, West Virginia
Department of Corrections, Defendants-Appellees.
No. 89-7793.

United States Court of Appeals, Fourth Circuit.


Submitted: Oct. 30, 1989.
Decided: Feb. 8, 1990.

George T. Johnson, appellant pro se.


Before WIDENER, MURNAGHAN and WILKINS, Circuit Judges.
PER CURIAM:

George T. Johnson appeals the district court's denial of his motion for
appointment of counsel. 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 form 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. 1291. Finally, the order is not
appealable as a collateral order under Cohen v. Beneficial Industrial Loan
Corp., 337 U.S. 541 (1949). See Miller v. Simmons, 814 F.2d 962 (4th
Cir.1987), cert. denied, 56 U.S.L.W. 3267 (U.S. Oct. 13, 1987) (No. 86-7132).

Finding no basis for appellate jurisdiction, we dismiss the appeal as


interlocutory. We deny leave to proceed in forma pauperis. We dispense with
oral argument because the dispositive issue has been decided authoritatively.

DISMISSED.

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