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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Albert William Lacy related to a partial filing fee of $108 that was assessed by the district court for a civil rights action. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order, as it did not dispose of all issues for all parties involved in the litigation. As the order was not final, it was not appealable. Therefore, the appeals court dismissed the appeal.

    Original Description:

    Filed: 1990-03-19 Precedential Status: Non-Precedential Citations: 900 F.2d 253 Docket: 89-7842

    Original Title

    Albert William Lacy v. C.M. Spencer, Counselor Willis Gibson, Associate Warden Robert Sutton, General Foreman J.J. Clark, Warden, Petersburg Federal Correctional Institution, 900 F.2d 253, 4th Cir. (1990)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Albert William Lacy related to a partial filing fee of $108 that was assessed by the district court for a civil rights action. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order, as it did not dispose of all issues for all parties involved in the litigation. As the order was not final, it was not appealable. Therefore, the appeals court dismissed the appeal.

    Copyright:

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

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Albert William Lacy related to a partial filing fee of $108 that was assessed by the district court for a civil rights action. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order, as it did not dispose of all issues for all parties involved in the litigation. As the order was not final, it was not appealable. Therefore, the appeals court dismissed the appeal.

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    of 2

    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. MISC89-85-N).
    Albert William Lacy, appellant pro se.
    E.D.Va.
    DISMISSED.
    Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit
    Judges.
    PER CURIAM:

    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.

    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 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).

    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

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