Fallin v. Baltimore County MD

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-1059
In Re: GLEN MARCUS FALLIN,
Appellant.
_________________________
ROBERT DICARLO,
Plaintiff,
versus
BALTIMORE COUNTY, MARYLAND, a municipal
corporation; WESLEY P. MARTIN, individually
and in his official capacity as an employee of
the Department of Recreation and Parts of
Baltimore County,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. M. J. Garbis, District Judge. (CA-95-556-
MJG)
Argued: April 7, 1997 Decided: May 2, 1997
Before LUTTIG and WILLIAMS, Circuit Judges, and DUFFY, United
States District Judge for the District of South Carolina, sitting
by designation.
Dismissed by unpublished per curiam opinion.
ARGUED: Glen Marcus Fallin, Westminster, Maryland, for Appellant.
Gregory Edward Gaskins, Assistant County Attorney, BALTIMORE COUNTY
OFFICE OF LAW, Towson, Maryland, for Appellees. ON BRIEF: Virginia
W. Barnhart, County Attorney, BALTIMORE COUNTY OFFICE OF LAW,
Towson, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant Glen Marcus Fallin appeals from the district court's
order that, pursuant to 28 U.S.C. § 1927, he pay sanctions of
$540.50 arising out of his legal representation of Robert DiCarlo
in a suit brought by DiCarlo against Appellees Baltimore County,
Maryland and Wesley P. Martin. Under our well-established prece-
dent, the order of sanctions against Fallin is not appealable
absent a final judgment in the underlying litigation. See Wheeler
v. Anchor Continental Inc., 622 F.2d 94, 95 (4th Cir. 1980); Under-
writers at Lloyd's v. Suburban Trust Co., 666 F.2d 55, 58 (4th Cir.
1981). Because no final judgment has been rendered in this case,
we dismiss Fallin's appeal for lack of appellate jurisdiction.
SO ORDERED
2
3