Ronnie L. Massey, Petitioner, v. Richard R. Banks, et al., Respondents, 943 F.2d 49 (4th Cir. 1991)Annotate this Case
Submitted July 3, 1991. Decided Aug. 30, 1991
On Petition for Permission to Appeal.
Ronnie L. Massey, petitioner pro se.
Mark Ralph Davis, Office of the Attorney General of Virginia, Richmond, Va., for respondents.
Before DONALD RUSSELL, SPROUSE and NIEMEYER, Circuit Judges.
Ronnie L. Massey seeks to appeal the district court's order continuing the proceedings for demonstration of exhaustion of administrative remedies. We deny the petition.
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).
Because the order sought to be 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. Finally, the order is not appealable as a collateral order under Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949).
Finding no basis for appellate jurisdiction, we deny the petition. 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.