United States Court of Appeals, Fourth Circuit
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Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
William Lee SWANN, Petitioner-Appellant,
v.
Richard SINGLETON, Warden, Maryland House of
Correction of
Maryland, Attorney General of the State of
Maryland, Respondents-Appellees.
No. 91-7011.
United States Court of Appeals, Fourth Circuit.
Submitted March 4, 1991.
Decided March 22, 1991.
Appeal from the United States District Court for the District of Maryland,
at Baltimore. Walter E. Black, Jr., District Judge. (CA-90-194-B)
William Lee Swann, appellant pro se.
Ann N. Bosse, Assistant Attorney General, Baltimore, Md., for Appellees.
D.Md.
DISMISSED.
Before WIDENER and K.K. HALL, Circuit Judges, and BUTZNER,
Senior Circuit Judge.
PER CURIAM:
William Lee Swann appeals the district court's dismissal of two of the three
1
claims raised in his 28 U.S.C. Sec. 2254 petition. 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 a certificate of probable
cause to appeal 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.
