935 F2d 268 Weller III IV v. W Massinga
935 F.2d 268
Unpublished Disposition
Clifton William WELLER, III, Individually and as father and
next friend of Clifton William Weller, IV, minor
and Matthew Charles Weller, minor,
Plaintiff-Appellant,
v.
Ruth W. MASSINGA, Individually and in her capacity as
Secretary of the Department of Human Resources for the State
of Maryland, George G. Musgrove, Individually and in his
capacity as Director of the Baltimore City Department of
Social Services, Dorothy Maxine Rosinkski, Individually and
in her capacity as Acting Chief, Child Protective Services
Division Baltimore City Department of Social Services, Dee
Ann Ritterpusch, Individually and in her capacity as Social
Worker and Case Worker, Child Protective Services Division,
Baltimore City Department of Social Services, Beverly
Williams, Individually and in her capacity as Social Worker
and/or Supervisor, Child Protective Services Division,
Baltimore City Department of Social Services, Carl Smith,
Individually and in his capacity as Social Worker and/or
Supervisor, Child Protective Services Division, Baltimore
City Department of Social Services, Michael McCausey,
Individually and in his capacity as Division 1 Chief, Child
Protective Services Division, Baltimore City Department of
Social Services, Alvin Parks, Individually and in his
capacity as Extended Hours Staff Worker, Child Protective
Services Division, Baltimore City Department of Social
Services, Bonita Winder, Individually and in her capacity as
Extended Hours Staff Worker, Child Protective Services
Division, Baltimore City Department of Social Services,
Giselle Meeks, Individually and in her capacity as Social
Services Administration Worker, Maryland Social Service
Administration, Betty M. Matthews, Judith Carol Weller,
Defendants-Appellees.
and
Department of Social Services for the City of Baltimore,
Juvenile Services Administration, Department of Health and
Mental Hygiene for the State of Maryland, James S. Becker,
Individually and his capacity as Special Assistant City
Solicitor and Attorney for the Department of Social Service
of Baltimore City, Benjamin Brown, Individually and in his
capacity as City Solicitor for the City of Baltimore Law
Department, Department of Human Resources for the State of
Maryland, Frank Farrow, Individually and in his capacity as
Executive Director of the Maryland Social Services
Administration, Carl Cobbs, Individually and in his capacity
as Social Worker, Child Protective Services Division,
Baltimore City Department of Social Services, Herman Ambrose
Cornish, Individually and in his capacity as Supervisor,
Child Protective Services Division, Baltimore City
Department of Social Services, Marie B. Morris, Individually
and in her capacity as Extended Hours Staff Worker, Child
Protective Services Division, Baltimore City Department of
Social Services, Sheila Dennis, Individually and in her
capacity as District Supervisor, Child Protective Services
Division, Baltimore City Department of Social Services, Lisa
Young, Individually and in her capacity as Screening Staff
Worker, Child Protective Services Division, Baltimore City
Department of Social Services, Richard L. Hamilton,
Individually and in his capacity as Acting Director of the
Juvenile Services Administration Department of Health and
Mental Hygiene for the State of Maryland, Marilyn Blimline,
Individually and in her capacity as Assistant City Solicitor
and Attorney for the Department of Social Services of
Baltimore City, Defendants.
Clifton William WELLER, III, Individually and as father and
next friend of Clifton William Weller, IV, minor
and Matthew Charles Weller, minor,
Plaintiff-Appellant,
v.
DEPARTMENT OF SOCIAL SERVICES FOR the CITY OF BALTIMORE,
Juvenile Services Administration, Department of Health and
Mental Hygiene for the State of Maryland, James S. Becker,
Individually and his capacity as Special Assistant City
Solicitor and Attorney for the Department of Social Service
of Baltimore City, Benjamin Brown, Individually and in his
capacity as City Solicitor for the City of Baltimore Law
Department, Ruth Massinga, Individually and in her capacity
as Secretary of the Department of Human Resources for the
State of Maryland, Department of Human Resources for the
State of Maryland, Frank Farrow, Individually and in his
capacity as Executive Director of the Maryland Social
Services Administration, George G. Musgrove, Individually
and in his capacity as Director of the Baltimore City
Department of Social Services, Dorothy Maxine Rosinski,
Individually and in her capacity as Acting Chief, Child
Protective Services Division Baltimore City Department of
Social Services, Dee Ann Ritterpusch, Individually and in
her capacity as Social Worker and Case Worker, Child
Protective Services Division, Baltimore City Department of
Social Services, Beverly Williams, Individually and in her
capacity as Social Worker and/or Supervisor, Child
Protective Services Division, Baltimore City Department of
Social Services, Carl Cobbs, Individually and in his
capacity as Social Worker, Child Protective Services
Division, Baltimore City Department of Social Services, Carl
Smith, Individually and in his capacity as Social Worker
and/or Supervisor, Child Protective Service Division,
Baltimore City Department of Social Services, Michael
McCausey, Individually and in his capacity as Division 1
Chief, Child Protective Services Division, Baltimore City
Department of Social Services, Herman Ambrose Cornish,
Individually and in his capacity as Supervisor, Child
Protective Services Division, Baltimore City Department of
Social Services, Marie B. Morris, Individually and in her
capacity as Extended Hours Staff Worker, Child Protective
Services Division, Baltimore City Department of Social
Services, Sheila Dennis, Individually and in her capacity as
District Supervisor, Child Protective Services Division,
Baltimore City Department of Social Services, Alvin Parks,
Individually and in his capacity as Extended Hours Staff
Worker, Child Protective Services Division, Baltimore City
Department of Social Services, Bonita Winder, Individually
and in her capacity as Extended Hours Staff Worker, Child
Protective Services Division, Baltimore City Department of
Social Services, Lisa Young, Individually and in her
capacity as Screening Staff Worker Child Protective Services
Division, Baltimore City Department of Social Services,
Giselle Meeks, Individually and in her capacity as Social
Services Administration Worker, Maryland Social Services
Administration, Richard L. Hamilton, Individually and in his
capacity as Acting Director of the Juvenile Services
Administration Department of Health and Mental Hygiene for
the State of Maryland, Marilyn Blimline, Esquire,
Individually and in her capacity as Assistant City Solicitor
and Attorney for the Department of Social Services of
Baltimore City, Betty M. Matthews, and Judith Carol Weller,
Defendants-Appellees.
Nos. 91-3006, 91-3027.
United States Court of Appeals, Fourth Circuit.
Submitted March 20, 1991.
Decided May 31, 1991.
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.
Appeals from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CA-89-704-S)
Clifton William Weller, III, appellant pro se.
Mark Jason Davis, Assistant Attorney General, Baltimore, Md., for appellees.
D.Md.
No. 91-3006 DISMISSED AND NO. 91-3027 AFFIRMED.
Before CHAPMAN, WILKINS and NIEMEYER, Circuit Judges.
PER CURIAM:
Clifton W. Weller, III, brings two appeals arising out of the district court's orders in his 42 U.S.C. Sec. 1983 action. In the first, No. 91-3006, Weller appeals the district court's dismissal of some but not all of the defendants.
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).
Because 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 dismiss the appeal as interlocutory.
Weller also appeals from the district court's final order denying relief under 42 U.S.C. Sec. 1983 in No. 91-3027. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. Weller v. Department of Social Services, CA-89-704-S (D.Md. Jan. 3, 1991). 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.
No. 91-3006, DISMISSED.
No. 91-3027, AFFIRMED.