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  • Garabedian v. Lanteigne, 4th Cir. (2009)

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    This document is a summary of a court case from the United States Court of Appeals for the Fourth Circuit. Edward Garabedian appealed the district court's order dismissing several defendants and claims in his case. The Court of Appeals affirmed the district court's denial of Garabedian's request for a preliminary injunction but dismissed the remainder of the appeal for lack of jurisdiction because it was not a final order and did not fall under the exceptions for interlocutory or collateral orders. The Court also denied Garabedian's motion for appointment of counsel.

    Original Description:

    Filed: 2009-09-15 Precedential Status: Non-Precedential Docket: 09-6865

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    This document is a summary of a court case from the United States Court of Appeals for the Fourth Circuit. Edward Garabedian appealed the district court's order dismissing several defendants and claims in his case. The Court of Appeals affirmed the district court's denial of Garabedian's request for a preliminary injunction but dismissed the remainder of the appeal for lack of jurisdiction because it was not a final order and did not fall under the exceptions for interlocutory or collateral orders. The Court also denied Garabedian's motion for appointment of counsel.

    Copyright:

    Public Domain
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    3 views2 pages

    Garabedian v. Lanteigne, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    This document is a summary of a court case from the United States Court of Appeals for the Fourth Circuit. Edward Garabedian appealed the district court's order dismissing several defendants and claims in his case. The Court of Appeals affirmed the district court's denial of Garabedian's request for a preliminary injunction but dismissed the remainder of the appeal for lack of jurisdiction because it was not a final order and did not fall under the exceptions for interlocutory or collateral orders. The Court also denied Garabedian's motion for appointment of counsel.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-6865

    EDWARD J. GARABEDIAN,
    Plaintiff Appellant,
    v.
    PAUL LANTEIGNE, Sheriff; BETH HOLCUM, Medical Director;
    JAMAL UDEEN, Doctor; CITY OF VIRGINIA BEACH; CORRECTIONAL
    MEDICAL SERVICES; COMMONWEALTH OF VIRGINIA; VIRGINIA BEACH
    CORRECTIONAL CENTER; DEPUTY, in operating room during
    surgery 12/21/06; MEDICAL ASSISTANTS, Chesapeake General
    Hospital;
    DEPUTY
    ASSIGNED
    TO
    CLASSIFICATIONS,
    Housing
    Complaints, V.B.C.C.; ANESTHESIOLOGIST, selected by Felix
    Kervin, M.D.; LIEUTENANT HIGHTOWER, Head of Classifications,
    V.B.C.C.; DEPUTY, classification officer; DEPUTY, Floor Dep.
    Claim
    #7;
    FELIX
    KERVIN,
    Kervin
    Orthopedic
    Group
    PC
    Doctor/Surgeon,
    Defendants Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Anthony John Trenga,
    District Judge. (1:08-cv-01221-AJT-TRJ)

    Submitted:

    September 10, 2009

    Decided:

    September 15, 2009

    Before KING, DUNCAN, and AGEE, Circuit Judges.

    Affirmed in part; dismissed in part by unpublished per curiam


    opinion.

    Edward J. Garabedian, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Edward

    J.

    Garabedian

    appeals

    the

    district

    courts

    order dismissing several defendants and a portion of his claims


    for failure to state a claim after a 28 U.S.C. 1915A (2006)
    review, and denying his request for a preliminary injunction.
    With

    respect

    injunctive

    to

    the

    relief,

    district

    we

    reversible error.

    have

    courts

    reviewed

    denial

    the

    of

    record

    preliminary
    and

    find

    no

    Accordingly, we affirm that portion of the


    Garabedian v. Lanteigne, No. 1:08-cv-

    district courts order.

    01221 (E.D. Va. filed April 15, 2009; entered April 16, 2009).
    The remainder of the district courts order is neither a final
    order

    nor

    an

    appealable

    interlocutory

    or

    collateral

    order.

    Because 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

    (1949),

    we

    v.

    Beneficial

    dismiss

    jurisdiction.

    this

    Indus.

    portion

    Loan

    of

    Corp.,

    the

    337

    appeal

    U.S.

    for

    lack

    541
    of

    We deny Garabedians motion for appointment of

    counsel and dispense with oral argument because the facts and
    legal
    before

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.
    AFFIRMED IN PART;
    DISMISSED IN PART

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