Cleveland Lewis v. C.L. Meeks, Duncan L. Daughtry

Related Cases

Larry D. Pollard v. Owens-Illinois, Inc. Owens-Corning Fiberglass Corporation the Celotex Corporation Eagle-Picher Industries, Inc. Rock Wool Manufacturing Co., Inc. North Brothers, Inc., a Division of National Services, Inc. Carey Canada, Inc. Pittsburgh Corning Corporation Southern Textile Company H.K. Porter Company, Inc. A C and S, Inc Turner & Newall, Ltd., and Raymark Industries, Inc. National Gypsum Company Fibreboard Corporation Armstrong World Industries, Inc. Nicolet, Inc. Forty-Eight Insulations, Inc. Keene Corporation Gaf Corporation Combustion Engineering, Inc. Garlock, Inc. Turner Asbestos Fibres, Ltd.
Attorney General of the State of Maryland State of Maryland v. Haynes Lee Locklear, Individually and Doing Business as Riggs Motors, and Walter Robert Dickson Douglas Craig Dickson Carl R. Wells Individually and Doing Business as S & W Auto Sales Marcus Garvey Guy
Beechwood West Homeowners Association, a Virginia Non-Stock Corporation, Linton C. Beasley, on Behalf of Himself and All Others Similarly Situated, Plaintiffs v. Beechwood West, a Virginia Limited Partnership, David S. Wilson, Individually, and as Sole General Partner of Beechwood West, John Doe, Jane Doe, Dru Allen, Ronald Beganie, A/K/A Ronald Gaggani, A/K/A Ronald Beganny, A/K/A Ronald Begoni, Jerry Bentley, Jan Brock, Jarrell Brock, Mike Caroll, Jack Carter, Ron Cheek, Patty Crouch, Mike Cullen, Steve Dement, Tammy Ellis, Howard Epstein, Buford Feldman, E.R. Forest, A/K/A E.R. Forrest, A/K/A E.R. Forest, Jr., A/K/A E.R. Forrest, Jr., Kenney Horton, A/K/A Kenny Horton, A/K/A Kinney Horton, A/K/A Kinney Horton, Al Itenson, Tommy Kalet, A/K/A T. Kaylet, J.H. Kirk, A/K/A Jerry Kirk, Larry Lassera, Dennis McCauley Jim McCluskey A/K/A Jim McClaskey Jerry W. Mitchell, Marilyn Pacheco, Chuck Pachuka, A/K/A Chuck Pacieco P.R. Person, A/K/A P.R. Pearson, Pat Phillips, Jerry Pugh, James Roberts, Len Rosser, James Russell, A/K/A Jim Russell, B. Thomas, A/K/A Bill Thomas, A/K/A W. Thomas, Babley Ukthamini, J. Roger Edwards, Jr., Individually and in His Capacity as a Limited Partner of Beechwood West, W. Ward Marslender, Individually and in His Capacity as a Limited Partner of Beechwood West, S. Elva Drake, Individually and in Her Capacity as a Limited Partner of Beechwood, Paul E. Castelloe, Individually and in His Capacity as a Limited Partner of Beechwood West, Thomas E. Castelloe, Individually and in His Capacity as a Limited Partner of Beechwood West, Patricia T. Edwards, C/f Dalphine Drake Edwards, C/f Patricia Hale Edwards, C/f J. Roger Edwards, Iii, Individually and in Her Capacity as a Limited Partner of Beechwood West, Linda D. Castelloe, C/f Paul E. Castelloe and L. Blair Castelloe, Individually and in Her Capacity as a Limited Partner of Beechwood West, Paul E. Castelloe, C/f Thomas E. Castelloe and Clifton S. Castelloe, Individually and in His Capacity as a Limited Partner of Beechwood West, Dan Davis
Holsey v. Tinney
Aaron Holsey Morris Davis Dennis McGlotten Norman Niebel William Keston v. Elmanus Herndon, Individually and as Acting Commissioner of the Maryland Division of Corrections Kathleen S. Green, Individually and as Acting Warden of the Eastern Correctional Institution

946 F.2d 885

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.
Cleveland LEWIS, Plaintiff-Appellant,
v.
C.L. Meeks, Duncan L. Daughtry, Defendants-Appellees.

No. 91-7680.

United States Court of Appeals, Fourth Circuit.

Submitted Sept. 30, 1991.
Decided Oct. 17, 1991.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-91-250-CRT-H)

Cleveland Lewis, appellant pro se.

E.D.N.C.

DISMISSED.

Before K.K. HALL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PER CURIAM:

1

Cleveland Lewis appeals the district court's order dismissing his claims for damages and declaratory relief and retaining jurisdiction over his claim for injunctive relief filed pursuant to 42 U.S.C. § 1983 (1988). We dismiss the appeal for lack of jurisdiction.

2

Under 28 U.S.C. § 1291 (1988) 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).

3

As the order appealed from is not a final order, it is not appealable under 28 U.S.C. § 1291. The district court has not directed entry of final judgment as to particular claims or parties under Fed.R.Civ.P. 54(b), nor is the order appealable under the provisions of 28 U.S.C. § 1292 (1988). Finally, the order is not appealable as a collateral order under Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949).

4

Finding no basis for appellate jurisdiction, 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.

5

DISMISSED.