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  • Marable v. Angelone, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed William Irvin Marable, Sr.'s appeal of a district court order granting summary judgment. The court found that it did not have jurisdiction over the appeal because the district court's order was not a final judgment and did not fall under any exceptions allowing appeals of interlocutory orders. As such, the appeal was interlocutory and was dismissed. The court also denied Marable's pending motions to appoint counsel.

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    Filed: 2002-08-22 Precedential Status: Non-Precedential Docket: 02-6838

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    The United States Court of Appeals for the Fourth Circuit dismissed William Irvin Marable, Sr.'s appeal of a district court order granting summary judgment. The court found that it did not have jurisdiction over the appeal because the district court's order was not a final judgment and did not fall under any exceptions allowing appeals of interlocutory orders. As such, the appeal was interlocutory and was dismissed. The court also denied Marable's pending motions to appoint counsel.

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    4 views2 pages

    Marable v. Angelone, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed William Irvin Marable, Sr.'s appeal of a district court order granting summary judgment. The court found that it did not have jurisdiction over the appeal because the district court's order was not a final judgment and did not fall under any exceptions allowing appeals of interlocutory orders. As such, the appeal was interlocutory and was dismissed. The court also denied Marable's pending motions to appoint counsel.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6838

    WILLIAM IRVIN MARABLE, SR.,


    Plaintiff - Appellant,
    versus
    STU
    TAYLOR,
    RITCHIE,

    Assistant

    Warden;

    SERGEANT
    Defendants - Appellees,

    and
    RONALD ANGELONE, Commonwealth of Virginia Director; ROSCOEUL RAMSEY, Doctor,
    Defendants.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Senior
    District Judge. (CA-00-1668-AM)

    Submitted:

    August 15, 2002

    Decided:

    August 22, 2002

    Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    William Irvin Marable, Sr., Appellant Pro Se. Mark Ralph Davis,
    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    William Irvin Marable, Sr., appeals district courts order
    granting summary judgment.

    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


    (1994), and certain interlocutory and collateral orders, 28 U.S.C.
    1292 (1994); 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 also deny the

    pending motions to appoint counsel. 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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