Willie Benjamin Wright, Plaintiff-appellant, v. U.S. Bureau of Prisons, U.S. Marshal's Service, Defendant-appellee, 828 F.2d 18 (4th Cir. 1987)

Willie B. Wright filed a petition for writ of mandamus seeking federal credit for time spent in a state prison. Wright also filed an application to proceed in forma pauperis in this action. On 31 October 1986 the district court, correctly construing Wright's petition as a petition for habeas corpus, granted Wright's application to proceed in forma pauperis. Mislabeling pleadings will not of itself result in dismissal. See Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir.), cert. denied, 439 U.S. 970 (1978). Wright appeals; we dismiss.

The order Wright appeals from is not a final order because it does not dispose of all the issues so that nothing remains to be determined. Coopers & Lybrand v. Livesay, 437 U.S. 463, 467 (1978). The district court has not certified its order for appeal under Fed. R. Civ. P. 54(b). This case may not be appealed under the exceptions of 28 U.S.C. § 1292(b). Nor does the appeal fit under the collateral order doctrine of Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949).

We dispense with oral argument because the dispositive issues have recently been decided authoritatively, and dismiss the appeal for lack of jurisdiction.

DISMISSED.