Robert Holt v. J. Paul Ford, Warden
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
KRAVITCH, Circuit Judge:
We have convened in banc to consider whether an order denying a motion for appointed counsel in an in forma pauperis action brought pursuant to 42 U.S.C. § 1983 is immediately appealable under 28 U.S.C. § 1291. We hold that it is not.
I
Section 1291 provides for appellate review of “final decisions” of the district courts. As a general rule, a district court’s decision is final and appealable under this section only when 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, 65…
Also in this document: Concurrence.
2Cases cited29 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
24 more not listed; retrieve them via the Exa API.
3Cited by130 opinions
- Jay Dee Jackson v. County of McLean Steve Brenin, Gary Plonse, and David GoldbergCourt of Appeals for the Seventh Circuit · 1992
- Devine Ex Rel. Devine v. Indian River County School BoardCourt of Appeals for the Eleventh Circuit · 1997
- Ficken, Ivan v. Alvarez, AidaCourt of Appeals for the D.C. Circuit · 1998
- In Re FitzgeraldUnited States Bankruptcy Court, N.D. Georgia · 1994
- Barnes v. BlackCourt of Appeals for the Seventh Circuit · 2008
125 more not listed; retrieve them via the Exa API.