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United States Court of Appeals, Fourth Circuit

This document is a court case from the United States Court of Appeals for the Fourth Circuit from 1990. The court dismissed the appeal of James Bruce Robinson of the district court's assessment of a partial filing fee. The appeals court found that it did not have jurisdiction over the appeal as the district court's order was not a final order and therefore not appealable, as it did not dispose of all issues for all parties in the case. As such, the appeals court dismissed the appeal.

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39 views2 pages

United States Court of Appeals, Fourth Circuit

This document is a court case from the United States Court of Appeals for the Fourth Circuit from 1990. The court dismissed the appeal of James Bruce Robinson of the district court's assessment of a partial filing fee. The appeals court found that it did not have jurisdiction over the appeal as the district court's order was not a final order and therefore not appealable, as it did not dispose of all issues for all parties in the case. As such, the appeals court dismissed the appeal.

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914 F.

2d 249
Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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 Bruce ROBINSON, Plaintiff-Appellant,
v.
D.A. GARRAGHTY, Warden, K.L. Osborne, Assistant
Warden, E.B.
Walker, Major, A. Branch, Mailroom Supervisor,
Defendants-Appellees.
No. 90-7023.

United States Court of Appeals, Fourth Circuit.


Submitted Aug. 27, 1990.
Decided Sept. 18, 1990.

Appeal from the United States District Court for the Eastern District of
Virginia, at Norfolk. J. Calvitt Clarke, Jr., District Judge. (C/A No. 89834)
James Bruce Robinson, appellant pro se.
Mary Sue Terry, Attorney General, Richmond, Va., for appellees.
E.D.Va.
DISMISSED.
Before SPROUSE and WILKINS, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
PER CURIAM:

James Bruce Robinson appeals the district court's assessment of a partial filing
fee. 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 deny leave to proceed in forma


pauperis and 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.

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