Glenn Russell Hall, Jr. v. R.M. Muncy, Warden, and Tyre, Medical Technician, 935 F.2d 1286, 4th Cir. (1991)
Glenn Russell Hall, Jr. v. R.M. Muncy, Warden, and Tyre, Medical Technician, 935 F.2d 1286, 4th Cir. (1991)
2d 1286
Unpublished Disposition
Appeal from the United States District Court for the Eastern District of
Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-89-75-R)
Glenn Russell Hall, Jr., appellant pro se.
Mark Ralph Davis, Office of the Attorney General of Virginia, Richmond,
Va., for appellee.
F.D.Va.
Dismissed.
Before WILKINS, Circuit Judge, and BUTZNER and CHAPMAN,
Senior Circuit Judges.
PER CURIAM:
Glenn Russell Hall appeals the magistrate's grant of summary judgment to one
of the defendants in his 42 U.S.C. Sec. 1983 suit. We dismiss the appeal for
lack of jurisdiction.1
2
Under 28 U.S.C. Sec. 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. Sec. 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. Sec. 1292. Finally, the order is not
appealable as a collateral order under Cohen v. Beneficial Industrial Loan
Corp., 337 U.S. 541 (1949).
DISMISSED.
We note that the magistrate judge's order of dismissal was issued improperly--a
magistrate judge lacks the authority to enter a dispositive order when, as here,
the district court refers a case for an evidentiary hearing and/or
recommendation. See 28 U.S.C. Sec. 636(b)(1)