Gene Edward Munnings, Plaintiff-appellant, v. George H. Collins, Warden; Unknown Named Parties of Themaryland Penitentiary Medical Department and Allothers Acting in Concert, Defendants-appellees, 825 F.2d 407 (4th Cir. 1987)

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U.S. Court of Appeals for the Fourth Circuit - 825 F.2d 407 (4th Cir. 1987) Submitted June 24, 1987. Decided July 28, 1987

Gene Edward Munnings, appellant pro se.

J. Joseph Curran, Attorney General, Rex Charles Schultz, Assistant Attorney General, for appellees.

Before PHILLIPS, MURNAGHAN and CHAPMAN, Circuit Judges.


Gene Edward Munnings appeals the district court order of July 11, 1986 dismissing the portion of his complaint relating to conditions of confinement at the Maryland Penitentiary between December 1, 1981 and January 21, 1982. The dismissal, based on the ground that Munnings' allegations are barred by the doctrine of res judicata, was ordered in response to the defendants' motion to dismiss.

This Court has jurisdiction to review final decisions of the district court. 28 U.S.C. § 1291. A final judgment is one that disposes of all issues in dispute as to all parties. In the instant case, the district court order clearly indicates that disputes between the parties are still pending.

The district court did not direct the entry of final judgment as to the dismissed claims. See Fed. R. Civ. P. 54(b). Likewise, the court did not certify the order for an interlocutory appeal pursuant to 28 U.S.C. § 1292(b).

Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument as it would not significantly aid the decisional process.