Paul E. Gullet, Plaintiff-appellant, v. William Donald Schaefer; Bishop L. Robinson; Marvinrobins; Wayne B. Winebrenner; Kathleen S. Green; Johnsmith # 1 (shift Commander 8-4); John Smith # 11 (commander4-12); John Smith # 111 (commander 12-8), Defendants-appellees, 905 F.2d 1529 (4th Cir. 1990)

Paul E. Gullet appeals the district court's order consolidating a portion of his complaint with an ongoing class action.

Under 28 U.S.C. § 1291 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).

As the order appealed from is not a final order, it is not appealable under 28 U.S.C. § 1291. Nor do we find the order appealable under any exception to the final judgment rule. See 9 C. Wright & A. Miller, Federal Practice and Procedure Sec. 2386, at 275 (1971) (order granting consolidation is not appealable). We accordingly dismiss the appeal as interlocutory. We dispense with oral argument because the facts and legal contentions are adequately developed in the materials before the Court and argument would not aid the decisional process.

DISMISSED.