albert-william-lacy-v-cm-spencer-counselor-willis-gibson-associate , 900 F.2d 253 ( 1990 )

900 F.2d 253
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Albert William LACY, Plaintiff-Appellant,
v.
C.M. SPENCER, Counselor; Willis GIBSON, Associate Warden;
Robert SUTTON, General Foreman; J.J. Clark,
Warden, Petersburg Federal Correctional
Institution, Defendants-Appellees.

No. 89-7842.

United States Court of Appeals, Fourth Circuit.

Submitted March 5, 1990.
Decided March 19, 1990.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, District Judge. (C/A No. MISC-89-85-N).

Albert William Lacy, appellant pro se.

E.D.Va.

DISMISSED.

Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit Judges.

PER CURIAM:

1

Albert William Lacy filed this civil rights action and the district court assessed him a partial filing fee of $108. He appeals the order. We dismiss the appeal for lack of jurisdiction.

2

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 order is not 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).

4

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