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    The United States Court of Appeals for the Fourth Circuit dismissed Otis Lynn Short's appeal of a district court's order staying his 42 U.S.C. § 1983 action pending exhaustion of administrative remedies. The Court of Appeals found that it did not have jurisdiction over the appeal because the district court's order was not a final order ending the litigation and leaving nothing left to be done, as it did not dispose of all issues as to all parties. As the order was not final and none of the exceptions applied, the court dismissed the interlocutory appeal.

    Original Description:

    Filed: 1991-11-13 Precedential Status: Non-Precedential Citations: 948 F.2d 1282 Docket: 91-6115

    Original Title

    Otis Lynn Short, and Jack Wiemer Martin Russell Stephen Pace Bobby Hailey v. Michael E. Bumgarner John Wrape Terry Harvel Nathan Rice Aaron J. Johnson, 948 F.2d 1282, 4th Cir. (1991)

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    The United States Court of Appeals for the Fourth Circuit dismissed Otis Lynn Short's appeal of a district court's order staying his 42 U.S.C. § 1983 action pending exhaustion of administrative remedies. The Court of Appeals found that it did not have jurisdiction over the appeal because the district court's order was not a final order ending the litigation and leaving nothing left to be done, as it did not dispose of all issues as to all parties. As the order was not final and none of the exceptions applied, the court dismissed the interlocutory appeal.

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    5 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Otis Lynn Short's appeal of a district court's order staying his 42 U.S.C. § 1983 action pending exhaustion of administrative remedies. The Court of Appeals found that it did not have jurisdiction over the appeal because the district court's order was not a final order ending the litigation and leaving nothing left to be done, as it did not dispose of all issues as to all parties. As the order was not final and none of the exceptions applied, the court dismissed the interlocutory appeal.

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    of 2

    948 F.

    2d 1282

    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    unpublished dispositions is disfavored except for establishing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.
    Otis Lynn SHORT, Plaintiff-Appellant,
    and
    Jack Wiemer; Martin Russell; Stephen Pace; Bobby Hailey,
    Plaintiffs,
    v.
    Michael E. BUMGARNER; John Wrape; Terry Harvel;
    Nathan
    Rice; Aaron J. Johnson, Defendants-Appellees.
    No. 91-6115.

    United States Court of Appeals, Fourth Circuit.


    Submitted Oct. 28, 1991.
    Decided Nov. 13, 1991.

    Appeal from the United States District Court for the Middle District of
    North Carolina, at Greensboro. Frank W. Bullock, Jr., District Judge.
    (CA-91-202)
    Otis Lynn Short, appellant pro se.
    Ronna Dawn Gibbs, North Carolina Department of Justice, Raleigh, N.C.,
    for appellees.
    M.D.N.C.
    DISMISSED.
    Before ERVIN, Chief Judge, SPROUSE, Circuit Judge, and CHAPMAN,
    Senior Circuit Judge.
    OPINION

    PER CURIAM:

    Otis Lynn Short appeals the district court's order staying his 42 U.S.C. 1983
    (1988) action pending exhaustion of administrative remedies. We dismiss the
    appeal for lack of jurisdiction.

    Under 28 U.S.C. 1291 (1988) 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. 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. 1292 (1988). 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.

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