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James H. Jordan v. James G. Martin, Governor, Aaron J. Johnson, John G. Patseavouras, Defendants, 859 F.2d 150, 4th Cir. (1988)

The 4th Circuit Court of Appeals dismissed James Jordan's appeal for lack of jurisdiction. The order appealed from was not a final order as it did not dispose of all issues for all parties, which is required for appellate jurisdiction under 28 U.S.C. 1291. Additionally, the order was not certified for appeal under Rule 54(b), did not fall under 1292, was not a collateral order, and the denial of a temporary restraining order was not appealable. Therefore, as an interlocutory non-final order, the 4th Circuit dismissed the appeal.

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8 views2 pages

James H. Jordan v. James G. Martin, Governor, Aaron J. Johnson, John G. Patseavouras, Defendants, 859 F.2d 150, 4th Cir. (1988)

The 4th Circuit Court of Appeals dismissed James Jordan's appeal for lack of jurisdiction. The order appealed from was not a final order as it did not dispose of all issues for all parties, which is required for appellate jurisdiction under 28 U.S.C. 1291. Additionally, the order was not certified for appeal under Rule 54(b), did not fall under 1292, was not a collateral order, and the denial of a temporary restraining order was not appealable. Therefore, as an interlocutory non-final order, the 4th Circuit dismissed the appeal.

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859 F.

2d 150
Unpublished Disposition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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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 H. JORDAN, Plaintiff-Appellant,
v.
James G. MARTIN, Governor, Aaron J. Johnson, John G.
Patseavouras, Defendants- Appellees.
No. 88-7587.

United States Court of Appeals, Fourth Circuit.


Submitted July 25, 1988.
Decided Sept. 13, 1988.

James H. Jordan, appellant pro se.


Before WIDENER, SPROUSE, and CHAPMAN, Circuit Judges.
PER CURIAM:

James Jordan appeals the district court's dismissal of his eighth amendment
claims and the denial of his motion for a temporary restraining order. 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. In addition, the order is
not appealable as a collateral order under Cohen v. Beneficial Industrial Loan
Corp., 337 U.S. 541 (1949). Finally, the denial of Jordan's motion for a
temporary restraining order was not appealable under 28 U.S.C. Sec. 1292(a)
(1). See Drudge v. McKernon, 482 F.2d 1375 (4th Cir.1973).
4

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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