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    The document is an unpublished appellate court decision from 1987 dismissing an appeal for lack of jurisdiction. The district court had dismissed part of the appellant's complaint relating to conditions of confinement at a prison between certain dates based on res judicata. However, the appellate court found it still did not have jurisdiction because the district court order did not fully resolve all claims between all parties in the case and was not certified for interlocutory appeal. Therefore, the appellate court dismissed the appeal.

    Original Description:

    Filed: 1987-07-28 Precedential Status: Non-Precedential Citations: 825 F.2d 407 Docket: 86-7216

    Original Title

    Gene Edward Munnings v. George H. Collins, Warden Unknown Named Parties of the Maryland Penitentiary Medical Department and All Others Acting in Concert, 825 F.2d 407, 4th Cir. (1987)

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    The document is an unpublished appellate court decision from 1987 dismissing an appeal for lack of jurisdiction. The district court had dismissed part of the appellant's complaint relating to conditions of confinement at a prison between certain dates based on res judicata. However, the appellate court found it still did not have jurisdiction because the district court order did not fully resolve all claims between all parties in the case and was not certified for interlocutory appeal. Therefore, the appellate court dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    15 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    The document is an unpublished appellate court decision from 1987 dismissing an appeal for lack of jurisdiction. The district court had dismissed part of the appellant's complaint relating to conditions of confinement at a prison between certain dates based on res judicata. However, the appellate court found it still did not have jurisdiction because the district court order did not fully resolve all claims between all parties in the case and was not certified for interlocutory appeal. Therefore, the appellate court dismissed the appeal.

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    of 2

    825 F.

    2d 407
    Unpublished Disposition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.
    Gene Edward MUNNINGS, Plaintiff-Appellant,
    v.
    George H. COLLINS, Warden; Unknown Named Parties of the
    Maryland Penitentiary Medical Department and all
    others Acting in Concert, Defendants-Appellees.
    No. 86-7216

    United States Court of Appeals, Fourth Circuit.


    Submitted June 24, 1987.
    Decided July 28, 1987.

    Gene Edward Munnings, appellant pro se.


    J. Joseph Curran, Attorney General, Rex Charles Schultz, Assistant
    Attorney General, for appellees.
    Before PHILLIPS, MURNAGHAN and CHAPMAN, Circuit Judges.
    PER CURIAM:

    Gene Edward Munnings appeals the district court order of July 11, 1986
    dismissing the portion of his complaint relating to conditions of confinement at
    the Maryland Penitentiary between December 1, 1981 and January 21, 1982.
    The dismissal, based on the ground that Munnings' allegations are barred by the
    doctrine of res judicata, was ordered in response to the defendants' motion to
    dismiss.

    This Court has jurisdiction to review final decisions of the district court. 28

    U.S.C. Sec. 1291. A final judgment is one that disposes of all issues in dispute
    as to all parties. In the instant case, the district court order clearly indicates that
    disputes between the parties are still pending.
    3

    The district court did not direct the entry of final judgment as to the dismissed
    claims. See Fed. R. Civ. P. 54(b). Likewise, the court did not certify the order
    for an interlocutory appeal pursuant to 28 U.S.C. Sec. 1292(b).

    Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with


    oral argument as it would not significantly aid the decisional process.

    DISMISSED.

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