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    United States Court of Appeals, Fourth Circuit

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    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from 1996. It summarizes that: 1) Steven E. Hester filed a 42 U.S.C. § 1983 action against various defendants which was dismissed by the district court as to certain defendants and claims. 2) Hester appealed the district court's dismissal order. 3) The Fourth Circuit found it did not have jurisdiction over the appeal because the district court's dismissal order was not a final judgment and did not fall under any exceptions, so the appeal was interlocutory. 4) The Fourth Circuit therefore dismissed Hester's appeal for lack of jurisdiction.

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    United States Court of Appeals, Fourth Circuit

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    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from 1996. It summarizes that: 1) Steven E. Hester filed a 42 U.S.C. § 1983 action against various defendants which was dismissed by the district court as to certain defendants and claims. 2) Hester appealed the district court's dismissal order. 3) The Fourth Circuit found it did not have jurisdiction over the appeal because the district court's dismissal order was not a final judgment and did not fall under any exceptions, so the appeal was interlocutory. 4) The Fourth Circuit therefore dismissed Hester's appeal for lack of jurisdiction.

    Original Description:

    Filed: 1996-03-21 Precedential Status: Non-Precedential Citations: 81 F.3d 149 Docket: 95-7962

    Original Title

    Steven E. Hester v. Steven Stowe, F.B.I. Ed Ryan, F.B.I. Patrick McNardo U.S.M. Scott Sewall, U.S.M. Officer Sweet, Aa County Police Ben Wilson, B.C.D.C. Venable, Social Worker, B.C.D.C., 81 F.3d 149, 4th Cir. (1996)

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    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from 1996. It summarizes that: 1) Steven E. Hester filed a 42 U.S.C. § 1983 action against various defendants which was dismissed by the district court as to certain defendants and claims. 2) Hester appealed the district court's dismissal order. 3) The Fourth Circuit found it did not have jurisdiction over the appeal because the district court's dismissal order was not a final judgment and did not fall under any exceptions, so the appeal was interlocutory. 4) The Fourth Circuit therefore dismissed Hester's appeal for lack of jurisdiction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    51 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from 1996. It summarizes that: 1) Steven E. Hester filed a 42 U.S.C. § 1983 action against various defendants which was dismissed by the district court as to certain defendants and claims. 2) Hester appealed the district court's dismissal order. 3) The Fourth Circuit found it did not have jurisdiction over the appeal because the district court's dismissal order was not a final judgment and did not fall under any exceptions, so the appeal was interlocutory. 4) The Fourth Circuit therefore dismissed Hester's appeal for lack of jurisdiction.

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    of 2

    81 F.

    3d 149

    NOTICE: Fourth Circuit Local Rule 36(c) states that citation


    of unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Steven E. HESTER, Plaintiff-Appellant,
    v.
    Steven STOWE, F.B.I.; Ed Ryan, F.B.I.; Patrick McNardo,
    U.S.M.; Scott Sewall, U.S.M.; Officer Sweet, AA County
    Police; Ben Wilson, B.C.D.C.; Venable, Social Worker,
    B.C.D.C., Defendants-Appellees.
    No. 95-7962.

    United States Court of Appeals, Fourth Circuit.


    Submitted: March 12, 1996.
    Decided: March 21, 1996.

    Steven E. Hester, Appellant Pro Se.


    Lynne Ann Battaglia, United States Attorney, Perry F. Sekus, OFFICE
    OF THE UNITED STATES ATTORNEY, Baltimore, MD, for Appellees.
    Before WIDENER, MURNAGHAN, and HAMILTON, Circuit Judges.
    PER CURIAM:

    Appellant appeals the district court's order dismissing certain Defendants and
    certain claims from his 42 U.S.C. 1983 (1988) action. 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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