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    James Henson, Jr. v. Lieutenant Likin, 4th Cir. (2012)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal filed by James A. Henson Jr. regarding a potential dismissal of his action by the district court. The appeals court dismissed the appeal for lack of jurisdiction because Henson did not appeal a final order from the district court but rather filed a conditional notice of appeal in case of an unfavorable ruling, which is not an appealable order. The appeals court does not have jurisdiction over the appeal without a final order or other appealable interlocutory or collateral order from the district court.

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    James Henson, Jr. v. Lieutenant Likin, 4th Cir. (2012)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal filed by James A. Henson Jr. regarding a potential dismissal of his action by the district court. The appeals court dismissed the appeal for lack of jurisdiction because Henson did not appeal a final order from the district court but rather filed a conditional notice of appeal in case of an unfavorable ruling, which is not an appealable order. The appeals court does not have jurisdiction over the appeal without a final order or other appealable interlocutory or collateral order from the district court.

    Original Description:

    Filed: 2012-06-20 Precedential Status: Non-Precedential Docket: 12-6816

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal filed by James A. Henson Jr. regarding a potential dismissal of his action by the district court. The appeals court dismissed the appeal for lack of jurisdiction because Henson did not appeal a final order from the district court but rather filed a conditional notice of appeal in case of an unfavorable ruling, which is not an appealable order. The appeals court does not have jurisdiction over the appeal without a final order or other appealable interlocutory or collateral order from the district court.

    Copyright:

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    James Henson, Jr. v. Lieutenant Likin, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal filed by James A. Henson Jr. regarding a potential dismissal of his action by the district court. The appeals court dismissed the appeal for lack of jurisdiction because Henson did not appeal a final order from the district court but rather filed a conditional notice of appeal in case of an unfavorable ruling, which is not an appealable order. The appeals court does not have jurisdiction over the appeal without a final order or other appealable interlocutory or collateral order from the district court.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-6816

    JAMES A. HENSON, JR.,


    Plaintiff - Appellant,
    v.
    LIEUTENANT LIKIN; SERGEANT MERLIN; CO/2 J. YOMMER; CO/2 V.
    LARK; CO/2 B. WILBURN; CO/2 G. WILSON; CO/2 HENDRICKS; CO/2
    S. A. WILSON; CO/2 M. E. RANDALL; CO/2 W. L. LOGSON;
    LIEUTENANT R. M. FRIEND; SERGEANT W. E. MILLER; CO/2 D.
    KRAMPF; CO/2 JESSE HENDERSON; CO/2 WAGNER; LIEUTENANT J.
    JOHNSON; SERGEANT J. KRUMPACH; SERGEANT S. E. ENGLE,
    Defendants Appellees,
    and
    OFFICE OF THE ATTORNEY GENERAL OF MARYLAND,
    Party-in-Interest.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:11cv-02719-RWT)

    Submitted:

    June 14, 2012

    Decided:

    June 20, 2012

    Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James A. Henson, Jr., Appellant Pro Se.


    Rex Schultz Gordon,
    OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,
    for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    James
    courts

    A.

    potential

    Henson,

    Jr.

    dismissal

    seeks

    of

    his

    to

    appeal

    action.

    the

    This

    district

    court

    may

    exercise jurisdiction only over final orders, 28 U.S.C. 1291


    (2006),

    and

    certain

    interlocutory

    and

    collateral

    orders,

    28

    U.S.C. 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial


    Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).
    sought

    to

    appeal

    any

    order

    but

    instead

    filed

    Henson has not


    a

    conditional

    notice of appeal in the event that the district court rules


    unfavorably in his action.
    nor

    an

    appealable

    Thus, there is neither a final order

    interlocutory

    or

    collateral

    order.

    Accordingly, we dismiss the appeal for lack of jurisdiction.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    DISMISSED

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