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James Michael Bembry, Sr. v. Virginia Parole Board, Clarence L. Jackson, JR., Lewis W. Hurst, 884 F.2d 1387, 4th Cir. (1989)

James Michael Bembry appealed the district court's assessment of a $50 partial filing fee. The United States Court of Appeals dismissed the appeal for lack of jurisdiction because the order appealed from was not a final order under 28 U.S.C. § 1291, as it did not dispose of all issues for all parties. As the order was not final, it was not appealable, and the Court found no other basis for appellate jurisdiction. Therefore, the Court dismissed the appeal as interlocutory.

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12 views2 pages

James Michael Bembry, Sr. v. Virginia Parole Board, Clarence L. Jackson, JR., Lewis W. Hurst, 884 F.2d 1387, 4th Cir. (1989)

James Michael Bembry appealed the district court's assessment of a $50 partial filing fee. The United States Court of Appeals dismissed the appeal for lack of jurisdiction because the order appealed from was not a final order under 28 U.S.C. § 1291, as it did not dispose of all issues for all parties. As the order was not final, it was not appealable, and the Court found no other basis for appellate jurisdiction. Therefore, the Court dismissed the appeal as interlocutory.

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884 F.

2d 1387
Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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 Michael BEMBRY, Sr., Plaintiff--Appellant,
v.
VIRGINIA PAROLE BOARD, Clarence L. Jackson, Jr., Lewis
W.
Hurst, Defendants--Appellees.
No. 89-6586.

United States Court of Appeals, Fourth Circuit.


Submitted May 11, 1989.
Decided July 24, 1989.

James Michael Bembry, Sr., appellant pro se.


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

James Michael Bembry appeals the district court's assessment of a partial filing
fee of $50. 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).
3

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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