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  • Curry v. Weiford, 4th Cir. (2005)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Judy Curry v. Walter Weiford et al. relating to Curry's underlying 42 U.S.C. § 1983 action. The Court dismisses Curry's appeal for lack of jurisdiction because the district court orders denying Curry's motion for permissive joinder and modification of a discovery order were not final orders subject to appeal. The Court also denies Curry's pending motion to remand and her request for oral argument.

    Original Description:

    Filed: 2005-05-24 Precedential Status: Non-Precedential Docket: 04-2476

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Judy Curry v. Walter Weiford et al. relating to Curry's underlying 42 U.S.C. § 1983 action. The Court dismisses Curry's appeal for lack of jurisdiction because the district court orders denying Curry's motion for permissive joinder and modification of a discovery order were not final orders subject to appeal. The Court also denies Curry's pending motion to remand and her request for oral argument.

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    Public Domain
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    11 views3 pages

    Curry v. Weiford, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Judy Curry v. Walter Weiford et al. relating to Curry's underlying 42 U.S.C. § 1983 action. The Court dismisses Curry's appeal for lack of jurisdiction because the district court orders denying Curry's motion for permissive joinder and modification of a discovery order were not final orders subject to appeal. The Court also denies Curry's pending motion to remand and her request for oral argument.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-2476

    JUDY CURRY,
    Plaintiff - Appellant,
    versus
    WALTER W. WEIFORD, personally and in his
    official capacity as Prosecuting Attorney of
    Pocahontas County, West Virginia; ROBERT A.
    ALKIRE, personally and in his official
    capacity as Sheriff of Pocahontas County, West
    Virginia; DAVID A. WALTON, personally and in
    his official capacity as Deputy Sheriff of
    Pocahontas County, West Virginia; COUNTY
    COMMISSION
    OF
    POCAHONTAS
    COUNTY,
    WEST
    VIRGINIA, et al.,
    Defendants - Appellees.

    No. 04-2479

    JUDY CURRY,
    Plaintiff - Appellant,
    versus
    WALTER WEIFORD, personally and in his official
    capacity as Prosecuting Attorney of Pocahontas
    County, West Virginia; ROBERT A. ALKIRE,
    personally and in his official capacity as

    Sheriff of Pocahontas County, West Virginia;


    DAVID A. WALTON, personally and in his
    official capacity as Deputy Sheriff of
    Pocahontas County, West Virginia; COUNTY
    COMMISSIONERS OF POCAHONTAS COUNTY, WEST
    VIRGINIA,
    Defendants - Appellees.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Elkins. Robert E. Maxwell, Senior
    District Judge. (CA-03-115-2)

    Submitted:

    May 19, 2005

    Decided:

    May 24, 2005

    Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Judy Curry, Appellant Pro Se. Duane Joseph Ruggier, II, PULLIN,
    FOWLER & FLANAGAN, PLLC, Charleston, West Virginia, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    Judy Curry seeks to appeal the district courts orders
    denying her motion for permissive joinder, under Fed. R. Civ. P.
    20(a), and for modification of a discovery order filed in her
    underlying 42 U.S.C. 1983 (2000) action. 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 orders Curry seeks to appeal are

    neither final orders nor an appealable interlocutory or collateral


    orders.

    Accordingly,

    we

    dismiss

    the

    appeal

    for

    jurisdiction and deny Currys pending motion to remand.

    lack

    of

    We deny

    Currys motion for 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

    - 3 -

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