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    The United States Court of Appeals for the Fourth Circuit dismissed Ira Ross's appeal for lack of jurisdiction. The district court's order dismissing Ross's claims against eight of the nine defendants was not a final order, as it did not dispose of all issues as to all parties. As such, the order was not appealable under 28 U.S.C. Section 1291. The district court also did not direct entry of final judgment under Rule 54(b) or certify the order for interlocutory appeal under 28 U.S.C. Section 1292. Therefore, the Court of Appeals lacked jurisdiction and dismissed the appeal.

    Original Description:

    Filed: 1989-02-16 Precedential Status: Non-Precedential Citations: 869 F.2d 594 Docket: 88-7054

    Original Title

    Ira Ross v. Mr. Lightfoot, Secretary of Public Safety & Corrections A. Hopkins, Mr., Commissioner of Corrections Norma Gluckstern Ms., Director Ralph Packard, Mr., Superintendent Joel Shaw, Officer Hank Musk, ph.d., Director of Health & Mental Services Wendell McConnell Dr., Medical Director P.H.P. Corporation, Medical Contractor to the Public Safety & Corrections Department Patuxent Institution, 869 F.2d 594, 4th Cir. (1989)

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    The United States Court of Appeals for the Fourth Circuit dismissed Ira Ross's appeal for lack of jurisdiction. The district court's order dismissing Ross's claims against eight of the nine defendants was not a final order, as it did not dispose of all issues as to all parties. As such, the order was not appealable under 28 U.S.C. Section 1291. The district court also did not direct entry of final judgment under Rule 54(b) or certify the order for interlocutory appeal under 28 U.S.C. Section 1292. Therefore, the Court of Appeals lacked jurisdiction and dismissed the appeal.

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    United States Court of Appeals, Fourth Circuit

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    The United States Court of Appeals for the Fourth Circuit dismissed Ira Ross's appeal for lack of jurisdiction. The district court's order dismissing Ross's claims against eight of the nine defendants was not a final order, as it did not dispose of all issues as to all parties. As such, the order was not appealable under 28 U.S.C. Section 1291. The district court also did not direct entry of final judgment under Rule 54(b) or certify the order for interlocutory appeal under 28 U.S.C. Section 1292. Therefore, the Court of Appeals lacked jurisdiction and dismissed the appeal.

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    of 2

    869 F.

    2d 594
    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.
    Ira ROSS, Plaintiff-Appellant,
    v.
    Mr. LIGHTFOOT, Secretary of Public Safety & Corrections;
    A.
    Hopkins, Mr., Commissioner of Corrections; Norma
    Gluckstern
    Ms., Director; Ralph Packard, Mr., Superintendent; Joel
    Shaw, Officer; Hank Musk, Ph.D., Director of Health &
    Mental Services; Wendell McConnell, Dr., Medical Director;
    P.H.P. Corporation, Medical Contractor to the Public Safety
    & Corrections Department; Patuxent Institution, DefendantsAppellees.
    No. 88-7054.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Jan. 18, 1989.
    Decided: Feb. 16, 1989.

    Ira Ross, appellant pro se.


    Stephanie Judith Lane-Weber (Office of the Attorney General of
    Maryland), Paul T. Cuzmanes (Wilson, Elser, Moskowitz, Edelman &
    Dicker), for appellees.
    Before DONALD RUSSELL, K.K. HALL and JAMES DICKSON
    PHILLIPS, Circuit Judges.
    PER CURIAM:

    Ira Ross appeals from the district court's order dismissing his claims against
    eight of the nine defendants in his 42 U.S.C. Sec. 1983 action. 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 the 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 dismiss the appeal as


    interlocutory. We dispense with oral argument because the facts and legal
    arguments are adequately presented in the materials before the court and
    argument would not significantly aid the decisional process.

    DISMISSED.

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