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United States Court of Appeals, Fourth Circuit

Winston Lloyd appealed a district court order that stayed consideration of his 42 U.S.C. § 1983 action pending exhaustion of administrative remedies pursuant to 42 U.S.C. § 1997e. The Fourth Circuit found that the district court order was not a final order and was therefore not appealable. As the order did not resolve all issues for all parties, direct entry of judgment for particular claims or parties, or fall under the collateral order doctrine, the Fourth Circuit dismissed the appeal as interlocutory.

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18 views2 pages

United States Court of Appeals, Fourth Circuit

Winston Lloyd appealed a district court order that stayed consideration of his 42 U.S.C. § 1983 action pending exhaustion of administrative remedies pursuant to 42 U.S.C. § 1997e. The Fourth Circuit found that the district court order was not a final order and was therefore not appealable. As the order did not resolve all issues for all parties, direct entry of judgment for particular claims or parties, or fall under the collateral order doctrine, the Fourth Circuit dismissed the appeal as interlocutory.

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865 F.

2d 1258
Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Winston LLOYD, Plaintiff-Appellant,
and
Hubert Moore; Fred Graves; Norman Whistman; Julius
Alston; Joseph Ruth; Martin Burr; Samuel
Fraster, Plaintiffs,
v.
P.H.P. HEALTH CARE CORPORATION; Arnold Hopkins;
Terri
Chavis; Ms. Boston; Dr. Felix; Dr. Alaeyne;
Dr. Williams, Defendants-Appellees.
No. 88-7276.

United States Court of Appeals, Fourth Circuit.


Submitted: Dec. 9, 1988.
Decided: Dec. 27, 1988.

Winston Lloyd, appellant pro se.


Before DONALD RUSSELL and SPROUSE, Circuit Judges, and
BUTZNER, Senior Circuit Judge.
PER CURIAM:

Winston Lloyd appeals the district court's order staying consideration of his 42
U.S.C. Sec. 1983 action pending exhaustion of administrative remedies
pursuant to 42 U.S.C. Sec. 1997e.

Under 28 U.S.C. Sec. 1291 this Court has jurisdiction over appeals from final

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
arguments are adequately presented in the materials before the Court and oral
argument would not significantly aid the decisional process.

DISMISSED.

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