Scribd Logo
Upload

Welcome to Scribd!

  • Alfred E. McDaniel v. Dorchester County Jail Sheriff McKelvey, 820 F.2d 1219, 4th Cir. (1987)

    Uploaded by

    Scribd Government Docs
    9 views2 pages
    The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1987. It summarizes that Alfred McDaniel sought to appeal a district court order denying his motion for default judgment, but the Court of Appeals lacks jurisdiction to hear the appeal because the district court's order was not a final decision that resolved all issues for all parties, which is required for the Court of Appeals' jurisdiction. As the order was not certified for interlocutory appeal and did not meet other exceptions, the Court of Appeals dismisses the appeal for lack of jurisdiction.

    Original Description:

    Filed: 1987-06-08 Precedential Status: Non-Precedential Citations: 820 F.2d 1219 Docket: 87-7515

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1987. It summarizes that Alfred McDaniel sought to appeal a district court order denying his motion for default judgment, but the Court of Appeals lacks jurisdiction to hear the appeal because the district court's order was not a final decision that resolved all issues for all parties, which is required for the Court of Appeals' jurisdiction. As the order was not certified for interlocutory appeal and did not meet other exceptions, the Court of Appeals dismisses the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    9 views2 pages

    Alfred E. McDaniel v. Dorchester County Jail Sheriff McKelvey, 820 F.2d 1219, 4th Cir. (1987)

    Uploaded by

    Scribd Government Docs
    The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1987. It summarizes that Alfred McDaniel sought to appeal a district court order denying his motion for default judgment, but the Court of Appeals lacks jurisdiction to hear the appeal because the district court's order was not a final decision that resolved all issues for all parties, which is required for the Court of Appeals' jurisdiction. As the order was not certified for interlocutory appeal and did not meet other exceptions, the Court of Appeals dismisses the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    820 F.

    2d 1219
    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.
    Alfred E. MCDANIEL, Plaintiff-Appellant,
    v.
    DORCHESTER COUNTY JAIL; Sheriff McKelvey,
    Defendant-Appellee.
    No. 87-7515.

    United States Court of Appeals, Fourth Circuit.


    Submitted March 27, 1987.
    Decided June 8, 1987.

    Before RUSSELL, PHILLIPS and CHAPMAN, Circuit Judges.


    Alfred E. McDaniel, appellant pro se.
    Steven Mark Levine, Wilson, Elser, Moskowitz, Edelman & Dicker, for
    appellees.
    PER CURIAM:

    Alfred E. McDaniel seeks to appeal the January 6, 1987, district court order
    denying his motion for default judgment for failure to answer the complaint
    within the time period set forth in Fed.R.Civ.P. 12(a). Because we lack
    jurisdiction to review his claims, we dismiss the appeal.

    Under 28 U.S.C. Sec. 1291, this Court has jurisdiction to review final decisions
    of the district court. A final judgment disposes of all issues in dispute as to all
    parties. "Federal appellate jurisdiction generally depends on the existence of a
    decision by the District Court that 'ends the litigation on the merits and leaves
    nothing for the court to do but execute the judgment.' " Coopers & Lybrand v.

    Livesay, 437 U.S. 463, 467 (1978) (quoting Catlin v. United States, 324 U.S.
    229, 233 (1945)). The court's January 6 order has not ended the litigation on the
    merits and thus is not a "final" one as that term is used in Sec. 1291.
    3

    The district court did not direct the entry of final judgment, see Fed.R.Civ.P.
    54(b), or certify the order for an interlocutory appeal under 28 U.S.C. Sec.
    1292(b). The order is not appealable under the exceptions of 28 U.S.C. Sec.
    1292(a). Nor should the order be treated as final under Cohen v. Beneficial
    Industrial Loan Corp., 337 U.S. 541 (1949).

    As the materials before this Court indicate that oral argument would not
    significantly aid the decisional process, we dispense with oral argument. The
    appeal is dismissed for lack of jurisdiction. Appellant's motion for a transcript
    at government expense is denied.

    You might also like