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    The United States Court of Appeals for the Fourth Circuit dismissed Courtney Lodian Fuller's appeal of a district court order that dismissed less than all defendants in Fuller's case and granted in part Fuller's motion to amend his complaint. The Court of Appeals found that the district court's order was not a final, appealable order and that it did not fall into the categories of interlocutory or collateral orders that can be appealed. As a result, the Court of Appeals dismissed the appeal as interlocutory.

    Original Description:

    Filed: 1992-09-28 Precedential Status: Non-Precedential Citations: 977 F.2d 572 Docket: 92-6547

    Original Title

    Courtney Lodian Fuller v. Freddy Narron, Sheriff Lieutenant Holliman Danny Allen Jailer Steawart Jailer Wood Jailer Tracy Major Atkison Captain Beasley United States Federal Government Marshal Norman C. Denning Frank B. Holding Jerry Wood John M. Booker James W. Cash Eleanor N. Creech, 977 F.2d 572, 4th Cir. (1992)

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    The United States Court of Appeals for the Fourth Circuit dismissed Courtney Lodian Fuller's appeal of a district court order that dismissed less than all defendants in Fuller's case and granted in part Fuller's motion to amend his complaint. The Court of Appeals found that the district court's order was not a final, appealable order and that it did not fall into the categories of interlocutory or collateral orders that can be appealed. As a result, the Court of Appeals dismissed the appeal as interlocutory.

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    Public Domain
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    2 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Courtney Lodian Fuller's appeal of a district court order that dismissed less than all defendants in Fuller's case and granted in part Fuller's motion to amend his complaint. The Court of Appeals found that the district court's order was not a final, appealable order and that it did not fall into the categories of interlocutory or collateral orders that can be appealed. As a result, the Court of Appeals dismissed the appeal as interlocutory.

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    of 2

    977 F.

    2d 572

    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.
    Courtney Lodian FULLER, Plaintiff-Appellant,
    v.
    Freddy NARRON, Sheriff; Lieutenant Holliman; Danny Allen;
    Jailer Steawart; Jailer Wood; Jailer Tracy; Major
    Atkison; Captain Beasley; United States Federal Government
    Marshal; Norman C. Denning; Frank B. Holding; Jerry Wood;
    John M. Booker; James W. Cash; Eleanor N. Creech,
    Defendants-Appellees.
    No. 92-6547.

    United States Court of Appeals, Fourth Circuit.


    Submitted July 30, 1992.
    Decided Sept. 28, 1992.

    Appeal from the United States District Court for the Eastern District of
    North Carolina, at Raleigh, No. CA-90-519-5-CIV-F; James C. Fox, Chief
    District Judge.
    Courtney Lodian Fuller, appellant pro se.
    Howard Edwards Manning, Jr., Manning, Fulton & Skinner, Linda Kaye
    Teal, Office of the U.S. Atty., Raleigh, N.C., for appellees.
    E.D.N.C.
    DISMISSED.
    Before WILKINSON and NIEMEYER, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.
    OPINION

    PER CURIAM:

    Courtney Lodian Fuller appeals a district court order dismissing less than all
    defendants and granting in part Fuller's motion to amend his 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 Industrial 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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