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  • Bush v. Kavanaugh, 4th Cir. (2003)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal by Larry L. Bush seeking to appeal a district court order that denied his motion for the recusal of the district court judge. The appeals court found that it did not have jurisdiction to hear the appeal because the order was not a final order and did not fall under the limited categories of interlocutory or collateral orders that can be appealed. As a result, the appeals court dismissed the appeal for lack of jurisdiction and denied Bush's motion for a transcript to be prepared at government expense.

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    Filed: 2003-08-12 Precedential Status: Non-Precedential Docket: 03-6611

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal by Larry L. Bush seeking to appeal a district court order that denied his motion for the recusal of the district court judge. The appeals court found that it did not have jurisdiction to hear the appeal because the order was not a final order and did not fall under the limited categories of interlocutory or collateral orders that can be appealed. As a result, the appeals court dismissed the appeal for lack of jurisdiction and denied Bush's motion for a transcript to be prepared at government expense.

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    8 views2 pages

    Bush v. Kavanaugh, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal by Larry L. Bush seeking to appeal a district court order that denied his motion for the recusal of the district court judge. The appeals court found that it did not have jurisdiction to hear the appeal because the order was not a final order and did not fall under the limited categories of interlocutory or collateral orders that can be appealed. As a result, the appeals court dismissed the appeal for lack of jurisdiction and denied Bush's motion for a transcript to be prepared at government expense.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6611

    LARRY L. BUSH,
    Plaintiff - Appellant,
    versus
    JACK
    KAVANAUGH,
    Commissioner;
    RONALD
    HUTCHINSON, Warden; SEWALL B. SMITH, Warden;
    BERNARD FORD, Captain; JAKE SUTTON, Sergeant;
    R. EULISS, Captain,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-023780-AMD)

    Submitted:

    July 16, 2003

    Decided:

    August 12, 2003

    Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Larry L. Bush, Appellant Pro Se. John Joseph Curran, Jr., Attorney
    General, Stephanie Judith Lane Weber, OFFICE OF THE ATTORNEY
    GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Larry L. Bush seeks to appeal an order denying the motion for
    recusal of the district judge. This court may exercise jurisdiction
    only over final orders, 28 U.S.C. 1291 (2000), and certain
    interlocutory and collateral orders, 28 U.S.C. 1292 (2000); Fed.
    R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S.
    541 (1949). The order Bush seeks to appeal is neither a final order
    nor an appealable interlocutory or collateral order.

    Accordingly,

    we deny the motions for preparation of transcript at government


    expense and dismiss the appeal for lack of jurisdiction.

    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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