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  • Rizer v. Kirby, 4th Cir. (1998)

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    The United States Court of Appeals for the Fourth Circuit dismissed Harry Rizer's appeal of the district court's denial of his "Motion for Stay of Judgment Pending Rehearing." The court found that it did not have jurisdiction to hear the appeal because the district court's order was not a final judgment and did not fall into the limited categories of appealable interlocutory or collateral orders. The court denied a certificate of appealability and dismissed the appeal as interlocutory.

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    Filed: 1998-10-15 Precedential Status: Non-Precedential Docket: 98-6838

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    The United States Court of Appeals for the Fourth Circuit dismissed Harry Rizer's appeal of the district court's denial of his "Motion for Stay of Judgment Pending Rehearing." The court found that it did not have jurisdiction to hear the appeal because the district court's order was not a final judgment and did not fall into the limited categories of appealable interlocutory or collateral orders. The court denied a certificate of appealability and dismissed the appeal as interlocutory.

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    Public Domain
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    2 views2 pages

    Rizer v. Kirby, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Harry Rizer's appeal of the district court's denial of his "Motion for Stay of Judgment Pending Rehearing." The court found that it did not have jurisdiction to hear the appeal because the district court's order was not a final judgment and did not fall into the limited categories of appealable interlocutory or collateral orders. The court denied a certificate of appealability and dismissed the appeal as interlocutory.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-6838

    HARRY RIZER,
    Petitioner - Appellant,
    versus
    PAUL KIRBY, Warden, Northern Regional Jail/
    Correctional Facility,
    Respondent - Appellee.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Elkins. Robert Earl Maxwell, Senior
    District Judge. (CA-97-20-2)

    Submitted:

    September 30, 1998

    Decided:

    October 15, 1998

    Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Harry Rizer, Appellant Pro Se.
    Leslie K. Kiser, WEST VIRGINIA
    DEPARTMENT OF CORRECTIONS, Charleston, West Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Harry Rizer appeals the district courts order denying his
    Motion for Stay of Judgment Pending Rehearing. We dismiss the
    appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders,
    see 28 U.S.C. 1291 (1994), and certain interlocutory and collateral orders. See 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 deny a certificate of appealability 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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