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    Robinson v. Prison Health SVC, 4th Cir. (1996)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from Tommy R. Robinson of a district court order that dismissed one portion of his 42 U.S.C. § 1983 claim and held the remaining portions in abeyance. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order or an appealable interlocutory or collateral order. As the order was interlocutory in nature, the appeals court dismissed the appeal.

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    Robinson v. Prison Health SVC, 4th Cir. (1996)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from Tommy R. Robinson of a district court order that dismissed one portion of his 42 U.S.C. § 1983 claim and held the remaining portions in abeyance. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order or an appealable interlocutory or collateral order. As the order was interlocutory in nature, the appeals court dismissed the appeal.

    Original Description:

    Filed: 1996-07-10 Precedential Status: Non-Precedential Docket: 96-6828

    Original Title

    Robinson v. Prison Health Svc, 4th Cir. (1996)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from Tommy R. Robinson of a district court order that dismissed one portion of his 42 U.S.C. § 1983 claim and held the remaining portions in abeyance. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order or an appealable interlocutory or collateral order. As the order was interlocutory in nature, the appeals court dismissed the appeal.

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    2 views2 pages

    Robinson v. Prison Health SVC, 4th Cir. (1996)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from Tommy R. Robinson of a district court order that dismissed one portion of his 42 U.S.C. § 1983 claim and held the remaining portions in abeyance. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order or an appealable interlocutory or collateral order. As the order was interlocutory in nature, the appeals court dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-6828

    TOMMY R. ROBINSON,
    Plaintiff - Appellant,
    versus
    PRISON HEALTH SERVICES, INCORPORATED; LYNETTE
    MUNDEY; MARY PEPPER; DOCTOR BONNER; P. A.
    HILL; KATHY COLEMAN; HOSPITAL UNIT,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Alexander Williams, Jr., District Judge.
    (CA-95-3449-AW)
    Submitted:

    June 28, 1996

    Decided:

    July 10, 1996

    Before ERVIN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Tommy R. Robinson, Appellant Pro Se. Joseph Barry Chazen, Gina
    Marie Smith, MEYERS, BILLINGSLEY, SHIPLEY, RODBELL & ROSENBAUM,
    Riverdale, Maryland; Roy Leonard Mason, Deborah Maude Peyton,
    MASON, KETTERMAN & MORGAN, Baltimore, Maryland, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant appeals an order dismissing one portion of his 42
    U.S.C. 1983 (1988) claim and holding in abeyance the remaining
    portions of his claim. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise
    jurisdiction only over final orders, 28 U.S.C. 1291 (1988), and
    certain interlocutory and collateral orders, 28 U.S.C. 1292
    (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
    Corp., 337 U.S. 541 (1949). The order here appealed is neither a
    final order nor an appealable interlocutory or collateral order.
    We 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

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