Fallin v. Baltimore County MD

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-1059 In Re: GLEN MARCUS FALLIN, Appellant. _________________________ ROBERT DICARLO, Plaintiff, versus BALTIMORE COUNTY, MARYLAND, a municipal corporation; WESLEY P. MARTIN, individually and in his official capacity as an employee of the Department of Recreation and Parts of Baltimore County, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. M. J. Garbis, District Judge. (CA-95-556- MJG) Argued: April 7, 1997 Decided: May 2, 1997 Before LUTTIG and WILLIAMS, Circuit Judges, and DUFFY, United States District Judge for the District of South Carolina, sitting by designation. Dismissed by unpublished per curiam opinion. ARGUED: Glen Marcus Fallin, Westminster, Maryland, for Appellant. Gregory Edward Gaskins, Assistant County Attorney, BALTIMORE COUNTY OFFICE OF LAW, Towson, Maryland, for Appellees. ON BRIEF: Virginia W. Barnhart, County Attorney, BALTIMORE COUNTY OFFICE OF LAW, Towson, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant Glen Marcus Fallin appeals from the district court's order that, pursuant to 28 U.S.C. § 1927, he pay sanctions of $540.50 arising out of his legal representation of Robert DiCarlo in a suit brought by DiCarlo against Appellees Baltimore County, Maryland and Wesley P. Martin. Under our well-established prece- dent, the order of sanctions against Fallin is not appealable absent a final judgment in the underlying litigation. See Wheeler v. Anchor Continental Inc., 622 F.2d 94, 95 (4th Cir. 1980); Under- writers at Lloyd's v. Suburban Trust Co., 666 F.2d 55, 58 (4th Cir. 1981). Because no final judgment has been rendered in this case, we dismiss Fallin's appeal for lack of appellate jurisdiction. SO ORDERED 2 3