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  • Terry Campbell v. Ingles Market, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit dismissed Terry Campbell's appeal of a district court order that denied reconsideration of the dismissal of some but not all defendants in Campbell's case. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under any exceptions that would allow an interlocutory appeal. As a result, the court dismissed the appeal and denied Campbell's request for appointment of counsel.

    Original Description:

    Filed: 2014-10-24 Precedential Status: Non-Precedential Docket: 14-6989

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    The United States Court of Appeals for the Fourth Circuit dismissed Terry Campbell's appeal of a district court order that denied reconsideration of the dismissal of some but not all defendants in Campbell's case. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under any exceptions that would allow an interlocutory appeal. As a result, the court dismissed the appeal and denied Campbell's request for appointment of counsel.

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    Public Domain
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    2 views3 pages

    Terry Campbell v. Ingles Market, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Terry Campbell's appeal of a district court order that denied reconsideration of the dismissal of some but not all defendants in Campbell's case. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under any exceptions that would allow an interlocutory appeal. As a result, the court dismissed the appeal and denied Campbell's request for appointment of counsel.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6989

    TERRY DOUGLAS CAMPBELL,


    Plaintiff - Appellant,
    v.
    INGLES MARKET, Ingles Store 92; MICHAEL CHRISTOPHER FOLK;
    TRAVIS TODD KING; KENNITH HAMMETT; NATHANIEL MARK RAINEY;
    JOHN ALLEN PUTMAN,
    Defendants - Appellees,
    and
    SPTG CO SHERIFFS DEPT,
    Defendant.

    Appeal from the United States District Court for the District of
    South Carolina, at Spartanburg.
    Timothy M. Cain, District
    Judge. (7:13-cv-01701-BHH-KFM)

    Submitted:

    October 21, 2014

    Decided:

    October 24, 2014

    Before SHEDD, DUNCAN, and FLOYD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Terry Douglas Campbell, Appellant Pro Se. Anne Ross Culbreath,


    Wilson Scarborough Sheldon, WILLSON JONES CARTER & BAXLEY, P.A.,
    Greenville, South Carolina; Nathaniel Heyward Clarkson, III, Amy
    Miller Snyder, CLARKSON WALSH TERRELL & COULTER, PA, Greenville,

    South Carolina; James Alexander Timmons,


    Greenville, South Carolina, for Appellees.

    CLAWSON

    &

    STAUBES,

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Terry Campbell seeks to appeal the district courts
    order denying reconsideration of its order dismissing some, but
    not all, defendants.

    This court may exercise jurisdiction only

    over

    28

    final

    orders,

    U.S.C.

    1291

    (2012),

    and

    certain

    interlocutory and collateral orders, 28 U.S.C. 1292 (2012);


    Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
    337 U.S. 541, 545-46 (1949).
    is

    neither

    final

    collateral order.

    order

    The order Campbell seeks to appeal

    nor

    an

    appealable

    interlocutory

    or

    Accordingly, we dismiss the appeal for lack

    of jurisdiction and deny Campbells motion for appointment of


    counsel.
    legal
    before

    We dispense with oral argument because the facts and

    contentions
    this

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.

    DISMISSED

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