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    United States Court of Appeals, Fourth Circuit

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Gregory H. Jones appealed the district court's dismissal of one of his lawsuits that had previously been joined with another case of his. However, the Court of Appeals dismissed the appeal for lack of jurisdiction because the district court's order was not a final order, as it did not dispose of all issues for all parties involved in the joined cases. As the order was interlocutory, the Court found no basis for appellate jurisdiction and dismissed the appeal.

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    United States Court of Appeals, Fourth Circuit

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Gregory H. Jones appealed the district court's dismissal of one of his lawsuits that had previously been joined with another case of his. However, the Court of Appeals dismissed the appeal for lack of jurisdiction because the district court's order was not a final order, as it did not dispose of all issues for all parties involved in the joined cases. As the order was interlocutory, the Court found no basis for appellate jurisdiction and dismissed the appeal.

    Original Description:

    Filed: 1990-12-14 Precedential Status: Non-Precedential Citations: 920 F.2d 926 Docket: 90-7052

    Original Title

    Gregory H. Jones v. Charles Creecy, Aaron Johnson, Sgt. Wiggins, Lieutenant Evans, Frank Evans, Lieutenant Ellis, Danny Thompson, John Patseavouras, Herbert Williams, 920 F.2d 926, 4th Cir. (1990)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Gregory H. Jones appealed the district court's dismissal of one of his lawsuits that had previously been joined with another case of his. However, the Court of Appeals dismissed the appeal for lack of jurisdiction because the district court's order was not a final order, as it did not dispose of all issues for all parties involved in the joined cases. As the order was interlocutory, the Court found no basis for appellate jurisdiction and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    11 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Gregory H. Jones appealed the district court's dismissal of one of his lawsuits that had previously been joined with another case of his. However, the Court of Appeals dismissed the appeal for lack of jurisdiction because the district court's order was not a final order, as it did not dispose of all issues for all parties involved in the joined cases. As the order was interlocutory, the Court found no basis for appellate jurisdiction and dismissed the appeal.

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    of 2

    920 F.

    2d 926
    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.
    Gregory H. JONES, Plaintiff-Appellant,
    v.
    Charles CREECY, Aaron Johnson, Sgt. Wiggins, Lieutenant
    Evans, Frank Evans, Lieutenant Ellis, Danny
    Thompson, John Patseavouras, Herbert
    Williams, Defendants-Appellees.
    No. 90-7052.

    United States Court of Appeals, Fourth Circuit.


    Submitted Dec. 3, 1990.
    Decided Dec. 14, 1990.

    Appeal from the United States District Court for the Eastern District of
    North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-89-170CRT)
    Gregory H. Jones, appellant pro se.
    E.D.N.C.
    DISMISSED.
    Before K.K. HALL, MURNAGHAN and WILKINSON, Circuit Judges.
    PER CURIAM:

    Gregory H. Jones appeals the district court's dismissal of one of his suits,
    previously joined with another of Jones' cases. 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 leave to proceed in forma


    pauperis and dismiss the appeal as interlocutory. We deny Jones' motion for
    appointment of counsel and 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.

    Because Jones' two separate complaints were consolidated, the dismissal of


    only one of the complaints is not a final order of dismissal. See Ringwald v.
    Harris, 675 F.2d 768 (5th Cir.1982)

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