Zaczek v. Fauquier County

923 F.2d 850, 1991 U.S. App. LEXIS 7690, 1991 WL 4266

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 22, 1991
• Docket: 90-6165
• Status: Unpublished

Opinion

923 F.2d 850
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Roger ZACZEK, Plaintiff-Appellant,
v.
FAUQUIER COUNTY, Sheriff Olinger, Sargeant Robinson, Tim
Brown, Doctor Maybock, Virginia State Board of
Corrections, Susan Moore, Deputy,
Rebecca Edwards, Deputy,
Defendants-Appellees.

No. 90-6165.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 7, 1991.
Decided Jan. 22, 1991.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior District Judge. (CA-89-280-R)

Roger Zaczek, appellant pro se.

Robert S. Corish, Slenker, Brandt, Jennings & Johnston, Merrifield, Va., William W. Muse, Assistant Attorney General, Richmond, Va., for appellees.

E.D.Va.

DISMISSED.

Before DONALD RUSSELL, WIDENER and K.K. HALL, Circuit Judges.

PER CURIAM:

Roger Zaczek appeals district court's order denying his motion for reconsideration of the court's grant of partial summary judgment in favor of the defendants; the remaining claims were set for jury trial. 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 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. 1291. 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 contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.