Scribd Logo
Upload

Welcome to Scribd!

  • 7 views

    Smith v. Coffy, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ben Howard Smith. The court lacked jurisdiction to hear the appeal because the district court's order dismissing one defendant from the case was not a final order and did not fall under the limited categories of appealable interlocutory or collateral orders. As such, the Fourth Circuit granted the appellees' motion to dismiss the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    Smith v. Coffy, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    7 views2 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ben Howard Smith. The court lacked jurisdiction to hear the appeal because the district court's order dismissing one defendant from the case was not a final order and did not fall under the limited categories of appealable interlocutory or collateral orders. As such, the Fourth Circuit granted the appellees' motion to dismiss the appeal for lack of jurisdiction.

    Original Description:

    Filed: 2009-08-03 Precedential Status: Non-Precedential Docket: 09-1225

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ben Howard Smith. The court lacked jurisdiction to hear the appeal because the district court's order dismissing one defendant from the case was not a final order and did not fall under the limited categories of appealable interlocutory or collateral orders. As such, the Fourth Circuit granted the appellees' motion to dismiss the appeal for lack of jurisdiction.

    Copyright:

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

    Smith v. Coffy, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ben Howard Smith. The court lacked jurisdiction to hear the appeal because the district court's order dismissing one defendant from the case was not a final order and did not fall under the limited categories of appealable interlocutory or collateral orders. As such, the Fourth Circuit granted the appellees' motion to dismiss the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-1225

    BEN HOWARD SMITH,


    Plaintiff - Appellant,
    v.
    JOSEPH K. COFFY; BOB ATKINSON; LINDA G. WALTERS; PERCY B.
    HARVIN; L. KEITH JOSEY, JR.; RONNIE STEWART, all in their
    individual and official capacity,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston.
    Patrick Michael Duffy, District
    Judge. (2:08-cv-00201-PMD-BM)

    Submitted:

    July 30, 2009

    Decided:

    August 3, 2009

    Before MOTZ, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Ben Howard Smith, Appellant Pro Se. Shaun C. Kent, COFFEY,


    CHANDLER & KENT, PA, Manning, South Carolina; Kelly M. Jolley,
    MCNAIR LAW FIRM, PA, Hilton Head, South Carolina; Andrew
    Lindemann, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina,
    for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ben Howard Smith seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    dismissing Defendant Percy B. Harvin.

    This 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 (1949).

    The order Smith seeks to

    appeal is neither a final order nor an appealable interlocutory


    or

    collateral

    motion

    to

    dispense

    order.

    dismiss
    with

    Accordingly,

    the

    oral

    appeal

    argument

    for

    we

    lack

    because

    grant
    of
    the

    the

    Appellees

    jurisdiction.
    facts

    and

    We
    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    DISMISSED

    You might also like