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United States Court of Appeals, Fourth Circuit

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed the appeal for lack of jurisdiction. The appeal was regarding a district court's order denying a motion to extend time for discovery. The court explained that orders pertaining to discovery are not considered final orders that can be appealed. As the district court did not direct final judgment on any claims or parties, and the order was not collateral, there was no basis for appellate jurisdiction. Therefore, the court dismissed the interlocutory appeal.

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17 views2 pages

United States Court of Appeals, Fourth Circuit

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed the appeal for lack of jurisdiction. The appeal was regarding a district court's order denying a motion to extend time for discovery. The court explained that orders pertaining to discovery are not considered final orders that can be appealed. As the district court did not direct final judgment on any claims or parties, and the order was not collateral, there was no basis for appellate jurisdiction. Therefore, the court dismissed the interlocutory appeal.

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873 F.

2d 1439
Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Martha D. LEWIS, Individually and as mother and next friend
of Yolanda Lewis and Michael Lewis, minors,
Plaintiff-Appellant,
v.
UNITED STATES of America; Virgin Islands National Guard;
Beech Aircraft Corporation, Defendants-Appellees.
No. 89-1015.

United States Court of Appeals, Fourth Circuit.


Submitted: March 31, 1989.
Decided: April 6, 1989.

Martha D. Lewis, appellant pro se.


James C. Wilson (United States Department of Justice); William Michael
Jacobs (Semmes, Bowen & Semmes), for appellees.
Before WIDENER, K.K. HALL and MURNAGHAN, Circuit Judges.
PER CURIAM:

Martha D. Lewis appeals the district court's order denying her motion to extend
the time for conducting discovery. 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

Orders pertaining to discovery are not final, appealable orders under 28 U.S.C.
Sec. 1291. Bever v. Gilbertson, 724 F.2d 1083, 1087 (4th Cir.), cert. denied,
469 U.S. 948 (1984), citing Cobbledick v. United States, 303 U.S. 323 (1940).
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 as a collateral
order under Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949).

Finding no basis for appellate jurisdiction, we grant the government's motion to


dismiss and dismiss the appeal as interlocutory. We dispense with oral
argument because the dispositive issues have been decided authoritatively.

DISMISSED.

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