United States Court of Appeals, Fourth Circuit
United States Court of Appeals, Fourth Circuit
2d 927
Unpublished Disposition
Appeal from the United States District Court for the Eastern District of
North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CA-88-5CRT)
Irvin K. Scales, appellant pro se.
LaVee Hamer Jackson, Office of The Attorney General, Raleigh, N.C.,
for appellees.
E.D.N.C.
DISMISSED.
Before K.K. HALL, MURNAGHAN and WILKINSON, Circuit Judges.
PER CURIAM:
Irvin K. Scales appeals the district court order granting summary judgment on
all claims except those relating to an equal protection challenge concerning
alleged disparities in the prison diet. We dismiss the appeal for lack of
jurisdiction.
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.