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  • Bailey v. Brown, 4th Cir. (2009)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James Bailey. The district court had accepted the magistrate's recommendation to dismiss Bailey's §1983 complaint against all defendants except Nurse Brown and ordered Bailey to show cause for failing to serve Nurse Brown. The Fourth Circuit finds it lacks jurisdiction over the appeal because the district court's order was neither a final order nor an appealable interlocutory or collateral order. The appeal is therefore dismissed.

    Original Description:

    Filed: 2009-10-19 Precedential Status: Non-Precedential Docket: 09-6575

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James Bailey. The district court had accepted the magistrate's recommendation to dismiss Bailey's §1983 complaint against all defendants except Nurse Brown and ordered Bailey to show cause for failing to serve Nurse Brown. The Fourth Circuit finds it lacks jurisdiction over the appeal because the district court's order was neither a final order nor an appealable interlocutory or collateral order. The appeal is therefore dismissed.

    Copyright:

    Public Domain
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    15 views3 pages

    Bailey v. Brown, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James Bailey. The district court had accepted the magistrate's recommendation to dismiss Bailey's §1983 complaint against all defendants except Nurse Brown and ordered Bailey to show cause for failing to serve Nurse Brown. The Fourth Circuit finds it lacks jurisdiction over the appeal because the district court's order was neither a final order nor an appealable interlocutory or collateral order. The appeal is therefore dismissed.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-6575

    JAMES BAILEY,
    Plaintiff Appellant,
    v.
    NURSE BROWN, a/k/a Wanda Brown, Alvin S. Glenn Detention
    Center; DOCTOR BYRD, a/k/a Elin Berg, Head Physician Doctor,
    Alvin S. Glenn Detention Center; LIEUTENANT JARVIS, Alvin S.
    Glenn Detention Center; ALVIN S. GLENN DETENTION CENTER,
    Director; HEALTH CARE PROVIDER, Alvin S. Glenn Detention
    Center; HEAD MEDICAL DOCTOR, Alvin S. Glenn Detention
    Center,
    Defendants Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Anderson.
    Henry F. Floyd, District Judge.
    (8:08-cv-00244-HFF)

    Submitted:

    October 15, 2009

    Decided:

    October 19, 2009

    Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James Bailey, Appellant Pro Se.


    Sarah Thomas Clemmons,
    Christopher Barton Major, G. Dewey Oxner, Jr., HAYNSWORTH,
    SINKLER & BOYD, PA, Greenville, South Carolina; Daniel Plyer,
    William Henry Davidson, II, DAVIDSON & LINDEMANN, PA, Columbia,

    South Carolina; Amanda R. Maybank, Roy Pearce Maybank, MAYBANK


    LAW FIRM, LLC, Charleston, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    James
    order

    Bailey

    accepting

    the

    seeks

    to

    magistrate

    appeal

    the

    judges

    district

    courts

    recommendation

    and

    dismissing his 42 U.S.C. 1983 (2006) complaint against all but


    one defendant, Nurse Brown, and ordering Bailey to show cause
    for his failure to effect service upon Nurse Brown.

    This court

    may

    28

    exercise

    jurisdiction

    only

    over

    final

    orders,

    U.S.C.

    1291 (2006), and certain interlocutory and collateral orders,


    28

    U.S.C.

    1292

    (2006);

    Fed.

    R.

    Civ.

    P.

    54(b);

    Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).


    Bailey

    seeks

    to

    appeal

    is

    neither

    final

    appealable interlocutory or collateral order.

    Cohen

    v.

    The order

    order

    nor

    an

    Accordingly, we

    deny leave to proceed in forma pauperis and dismiss the appeal


    for

    lack

    of

    jurisdiction.

    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

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