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    The United States Court of Appeals for the Fourth Circuit dismissed Irvin K. Scales's appeal for lack of jurisdiction. The district court's order granting summary judgment on all claims except for an equal protection challenge was not a final order, as it did not dispose of all issues in dispute as to all parties. As the order was not certified for appeal by the district court and was not otherwise appealable, the Fourth Circuit dismissed the appeal as interlocutory.

    Original Description:

    Filed: 1990-12-18 Precedential Status: Non-Precedential Citations: 920 F.2d 927 Docket: 90-6663

    Original Title

    Irvin K. Scales, and Leon P. Scott, James Byrd Miller, Horace M. Wilson v. Aaron J. Johnson, John G. Patseavouras, Gene T. Cousins, Nathan A. Rice, Bobby R. Watson, L.W. Vaughn, 920 F.2d 927, 4th Cir. (1990)

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    The United States Court of Appeals for the Fourth Circuit dismissed Irvin K. Scales's appeal for lack of jurisdiction. The district court's order granting summary judgment on all claims except for an equal protection challenge was not a final order, as it did not dispose of all issues in dispute as to all parties. As the order was not certified for appeal by the district court and was not otherwise appealable, the Fourth Circuit dismissed the appeal as interlocutory.

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    United States Court of Appeals, Fourth Circuit

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    The United States Court of Appeals for the Fourth Circuit dismissed Irvin K. Scales's appeal for lack of jurisdiction. The district court's order granting summary judgment on all claims except for an equal protection challenge was not a final order, as it did not dispose of all issues in dispute as to all parties. As the order was not certified for appeal by the district court and was not otherwise appealable, the Fourth Circuit dismissed the appeal as interlocutory.

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    of 2

    920 F.

    2d 927
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Irvin K. SCALES, Plaintiff-Appellant,
    and
    Leon P. Scott, James Byrd Miller, Horace M. Wilson, Plaintiffs,
    v.
    Aaron J. JOHNSON, John G. Patseavouras, Gene T. Cousins,
    Nathan A. Rice, Bobby R. Watson, L.W. Vaughn,
    Defendants-Appellees.
    No. 90-6663.

    United States Court of Appeals, Fourth Circuit.


    Submitted Dec. 3, 1990.
    Decided Dec. 18, 1990.

    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).

    Finding no basis for appellate jurisdiction, we deny Scales's motions to file a


    formal brief, for clarification and compliance, for a rehearing, and for a
    rehearing en banc,* and dismiss the appeal as interlocutory. 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.

    DISMISSED.

    We deny the motions for a rehearing and a rehearing en banc as premature.


    These motions may be refiled within fourteen days. Fed.R.App.P. 40(a)

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