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  • Michael Sewell Smith v. William Mann, Deputy Lt. Smith Virginia Beach Sheriff's Department, 820 F.2d 1220, 4th Cir. (1987)

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    This document is a court case summary that: 1) Dismisses an appeal from a district court order that dismissed one of two claims in a 42 U.S.C. §1983 case, as the district court had not yet ruled on the second claim. 2) Notes that a federal appeals court only has jurisdiction to review final district court decisions that end litigation on the merits, which had not occurred yet. 3) States that for an order dismissing fewer than all claims to be considered final, the district court must determine there is no reason for delay and direct entry of judgment, which also had not happened.

    Original Description:

    Filed: 1987-06-05 Precedential Status: Non-Precedential Citations: 820 F.2d 1220 Docket: 87-6022

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    This document is a court case summary that: 1) Dismisses an appeal from a district court order that dismissed one of two claims in a 42 U.S.C. §1983 case, as the district court had not yet ruled on the second claim. 2) Notes that a federal appeals court only has jurisdiction to review final district court decisions that end litigation on the merits, which had not occurred yet. 3) States that for an order dismissing fewer than all claims to be considered final, the district court must determine there is no reason for delay and direct entry of judgment, which also had not happened.

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    Michael Sewell Smith v. William Mann, Deputy Lt. Smith Virginia Beach Sheriff's Department, 820 F.2d 1220, 4th Cir. (1987)

    Uploaded by

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    This document is a court case summary that: 1) Dismisses an appeal from a district court order that dismissed one of two claims in a 42 U.S.C. §1983 case, as the district court had not yet ruled on the second claim. 2) Notes that a federal appeals court only has jurisdiction to review final district court decisions that end litigation on the merits, which had not occurred yet. 3) States that for an order dismissing fewer than all claims to be considered final, the district court must determine there is no reason for delay and direct entry of judgment, which also had not happened.

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    of 2

    820 F.

    2d 1220
    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.
    Michael Sewell SMITH, Plaintiff-Appellant,
    v.
    William MANN, Deputy; Lt. Smith; Virginia Beach Sheriff's
    Department, Defendant-Appellee.
    No. 87-6022.

    United States Court of Appeals, Fourth Circuit.


    Submitted May 20, 1987.
    Decided June 5, 1987.

    Before WIDENER, HALL and MURNAGHAN, Circuit Judges.


    Michael Sewell Smith, appellant pro se.
    Richard McAllister Swope, Williams, Worrell, Kelly & Greer, for
    appellees.
    PER CURIAM:

    Michael S. Smith appeals from an order of the district court entered on January
    23, 1987, which dismisses, for failure to state a claim, one of two grounds
    Smith alleged as a basis for relief pursuant to 42 U.S.C. Sec. 1983. The district
    court has not yet ruled on the validity of Smith's second ground for relief. The
    order is therefore not reviewable in this court as a final order.

    A federal appeals court has jurisdiction under 28 U.S.C. Sec. 1291 to review
    final decisions of the district court; that is, judgments which end the litigation
    on the merits. Coopers & Lybrand v. Livesay, 437 U.S. 463, 467 (1978). There
    has been no final judgment in this case, nor any certification from the district

    court that the order is appealable pursuant to 28 U.S.C. Sec. 1292(b).


    3

    Although the district court dismissed one of Smith's claims, Rule 54(b),
    Fed.R.Civ.P., requires that before an order disposing of fewer than all the
    claims may be considered final and appealable, the district court must make an
    express determination that there is no just reason for delay and expressly direct
    judgment on that claim. There has been no such determination in this case.

    Therefore, we dismiss this appeal as interlocutory. We dispense with oral


    argument because the dispositive issues have recently been decided
    authoritatively.

    DISMISSED.

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