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Melvin Wayne Martin v. John W. Angus, Boyce Ferguson, 877 F.2d 60, 4th Cir. (1989)

Melvin Wayne Martin appealed a district court order that dismissed one claim and construed a second claim as a habeas petition rather than a Section 1983 claim. The Fourth Circuit found that it did not have jurisdiction over the appeal because the district court's order was not a final order and did not direct entry of final judgment or fall under any exception. The appeal was therefore dismissed as interlocutory.

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11 views2 pages

Melvin Wayne Martin v. John W. Angus, Boyce Ferguson, 877 F.2d 60, 4th Cir. (1989)

Melvin Wayne Martin appealed a district court order that dismissed one claim and construed a second claim as a habeas petition rather than a Section 1983 claim. The Fourth Circuit found that it did not have jurisdiction over the appeal because the district court's order was not a final order and did not direct entry of final judgment or fall under any exception. The appeal was therefore dismissed as interlocutory.

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877 F.

2d 60
Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Melvin Wayne MARTIN, Plaintiff-Appellant,
v.
John W. ANGUS, Boyce Ferguson, Defendants-Appellees.
No. 89-7083.

United States Court of Appeals, Fourth Circuit.


Submitted May 9, 1989.
Decided June 12, 1989.

Melvin Wayne Martin, appellant pro se.


Linwood Theodore Wells, Jr., Office of the Attorney General of Virginia,
William Thomas Robery, III, Robey & Irvine, for appellees.
Before DONALD RUSSELL, MURNAGHAN, and CHAPMAN, Circuit
Judges.
PER CURIAM:

Melvin Wayne Martin appeals the district court's order dismissing one claim
and construing a second claim as a petition for habeas corpus relief rather than
as a claim under 42 U.S.C. Sec. 1983. 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 dismiss the appeal as


interlocutory. We dispense with oral argument because the dispositive issues
have been decided authoritatively.

DISMISSED.

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