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  • Farrakhan v. Moats, 4th Cir. (1996)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Jacob Muhammad Farrakhan v. Ronald Moats et al. The court dismissed the appeal for lack of jurisdiction. The district court had only disposed of one claim in Farrakhan's 42 U.S.C. § 1983 complaint and not the entire case. As the order was not a final judgment, nor was it an appealable interlocutory or collateral order, the appeals court did not have jurisdiction and dismissed the appeal as interlocutory.

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    Filed: 1996-08-02 Precedential Status: Non-Precedential Docket: 96-6170

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Jacob Muhammad Farrakhan v. Ronald Moats et al. The court dismissed the appeal for lack of jurisdiction. The district court had only disposed of one claim in Farrakhan's 42 U.S.C. § 1983 complaint and not the entire case. As the order was not a final judgment, nor was it an appealable interlocutory or collateral order, the appeals court did not have jurisdiction and dismissed the appeal as interlocutory.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    5 views2 pages

    Farrakhan v. Moats, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Jacob Muhammad Farrakhan v. Ronald Moats et al. The court dismissed the appeal for lack of jurisdiction. The district court had only disposed of one claim in Farrakhan's 42 U.S.C. § 1983 complaint and not the entire case. As the order was not a final judgment, nor was it an appealable interlocutory or collateral order, the appeals court did not have jurisdiction and dismissed the appeal as interlocutory.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-6170

    JACOB MUHAMMAD FARRAKHAN,


    Plaintiff - Appellant,
    versus
    RONALD MOATS, Warden; MUHAMMAD SALAAM, Islamic
    Chaplain; RICHARD LANHAM,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-951081-AMD)
    Submitted:

    June 11, 1996

    Decided:

    August 2, 1996

    Before HALL, LUTTIG, and NIEMEYER, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Jacob Muhammad Farrakhan, Appellant Pro Se. John Joseph Curran,
    Jr., Attorney General, Richard M. Kastendieck, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant appeals the district court's order disposing of only
    one of his claims raised in his 42 U.S.C. 1983 (1988) complaint.
    We dismiss the appeal for lack of jurisdiction because the order is
    not appealable. This court may exercise jurisdiction only over
    final orders, 28 U.S.C. 1291 (1988), and certain interlocutory
    and collateral orders, 28 U.S.C. 1292 (1988); Fed. R. Civ. P.
    54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).
    The order here appealed is neither a final order nor an appealable
    interlocutory or collateral order.
    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.

    DISMISSED

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