Scribd Logo
Upload

Welcome to Scribd!

  • 14 views

    Fredrick Nobles v. James Smith, M.D., 900 F.2d 254, 4th Cir. (1990)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished court case from 1990 regarding Fredrick Nobles appealing a district court order finding exhaustion of administrative remedies and reinstating his case. The 4th Circuit Court of Appeals dismisses the appeal for lack of jurisdiction, as the district court order was not a final order that disposed of all issues for all parties, and was therefore not appealable. As the order was interlocutory and did not meet the standards for appeal, the court dismisses the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    Fredrick Nobles v. James Smith, M.D., 900 F.2d 254, 4th Cir. (1990)

    Uploaded by

    Scribd Government Docs
    14 views2 pages
    This document is an unpublished court case from 1990 regarding Fredrick Nobles appealing a district court order finding exhaustion of administrative remedies and reinstating his case. The 4th Circuit Court of Appeals dismisses the appeal for lack of jurisdiction, as the district court order was not a final order that disposed of all issues for all parties, and was therefore not appealable. As the order was interlocutory and did not meet the standards for appeal, the court dismisses the appeal.

    Original Description:

    Filed: 1990-03-14 Precedential Status: Non-Precedential Citations: 900 F.2d 254 Docket: 90-6269

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is an unpublished court case from 1990 regarding Fredrick Nobles appealing a district court order finding exhaustion of administrative remedies and reinstating his case. The 4th Circuit Court of Appeals dismisses the appeal for lack of jurisdiction, as the district court order was not a final order that disposed of all issues for all parties, and was therefore not appealable. As the order was interlocutory and did not meet the standards for appeal, the court dismisses the appeal.

    Copyright:

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

    Fredrick Nobles v. James Smith, M.D., 900 F.2d 254, 4th Cir. (1990)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished court case from 1990 regarding Fredrick Nobles appealing a district court order finding exhaustion of administrative remedies and reinstating his case. The 4th Circuit Court of Appeals dismisses the appeal for lack of jurisdiction, as the district court order was not a final order that disposed of all issues for all parties, and was therefore not appealable. As the order was interlocutory and did not meet the standards for appeal, the court dismisses the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 2

    900 F.

    2d 254
    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.
    Fredrick NOBLES, Plaintiff-Appellant,
    v.
    James SMITH, M.D., Defendant-Appellee.
    No. 90-6269.

    United States Court of Appeals, Fourth Circuit.


    Submitted March 5, 1990.
    Decided March 14, 1990.

    Appeal from the United States District Court for the Eastern District of
    North Carolina, at Raleigh. Franklin T. Dupree, Jr., Senior District Judge.
    (C/A No. 89-766-CT).
    Fredrick Nobles, appellant pro se.
    E.D.N.C.
    DISMISSED.
    Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit
    Judges.
    PER CURIAM:

    Fredrick Nobles appeals from the district court's order finding exhaustion of
    administrative remedies and reinstating the action on the court's docket. 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 deny leave to proceed in forma


    pauperis and dismiss the appeal as interlocutory. We 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

    You might also like