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    The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1988. It summarizes that James L. Martin sought to appeal a district court order requiring him to show cause for failing to attend a post-judgment deposition. However, the Court of Appeals found it did not have jurisdiction to hear the appeal because the show cause order was interlocutory and not a final decision. The Court also considered Martin's appeal to be frivolous and granted a motion from appellees Polyclinic Medical Center and Douglas Spurlock for double costs and damages.

    Original Description:

    Filed: 1988-02-05 Precedential Status: Non-Precedential Citations: 838 F.2d 1210 Docket: 87-2177

    Original Title

    James L. Martin v. Rowland Shank, Executive Director of Philhaven Hospital, Philhaven Hospital, Douglas J. Spurlock, Polyclinic Medical Center of Harrisburg, 838 F.2d 1210, 4th Cir. (1988)

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    The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1988. It summarizes that James L. Martin sought to appeal a district court order requiring him to show cause for failing to attend a post-judgment deposition. However, the Court of Appeals found it did not have jurisdiction to hear the appeal because the show cause order was interlocutory and not a final decision. The Court also considered Martin's appeal to be frivolous and granted a motion from appellees Polyclinic Medical Center and Douglas Spurlock for double costs and damages.

    Copyright:

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

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1988. It summarizes that James L. Martin sought to appeal a district court order requiring him to show cause for failing to attend a post-judgment deposition. However, the Court of Appeals found it did not have jurisdiction to hear the appeal because the show cause order was interlocutory and not a final decision. The Court also considered Martin's appeal to be frivolous and granted a motion from appellees Polyclinic Medical Center and Douglas Spurlock for double costs and damages.

    Copyright:

    Public Domain
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    of 2

    838 F.

    2d 1210
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 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.
    James L. MARTIN, Plaintiff-Appellant,
    v.
    Rowland SHANK, Executive Director of Philhaven Hospital,
    Philhaven Hospital, Douglas J. Spurlock,
    Polyclinic Medical Center of Harrisburg,
    Defendants-Appellees.
    No. 87-2177.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Jan. 22, 1988.
    Decided: Feb. 5, 1988.

    James L. Martin, appellant pro se.


    James Andrew Sullivan, Sullivan & Talbott, Larry Alan Ceppos, for
    appellees.
    Before DONALD RUSSELL, WIDENER, and MURNAGHAN, Circuit
    Judges.
    PER CURIAM:

    James L. Martin seeks to appeal from the district court order to show cause
    why he should not be held in civil contempt for his failure to obey an order to
    attend a post-judgment deposition.

    This Court has jurisdiction to review final decisions of the district court. 28
    U.S.C. Sec. 1291. The show cause order is interlocutory and not appealable.

    See Rouse Constr. Int'l v. Rouse Constr. Corp., 680 F.2d 743, 745-46 (11th
    Cir.1982). We therefore lack jurisdiction to hear this appeal.
    3

    We consider this appeal to be frivolous and therefore grant the motion filed by
    appellees Polyclinic Medical Center and Douglas Spurlock for double costs and
    damages pursuant to Fed.R.App.P. 38 and 28 U.S.C. Sec. 1912. We request the
    appellees to file with the clerk's office proof of their costs and damages on
    appeal. Martin will then have an opportunity to respond to the appellees' proof.

    We dispense with oral argument because the dispositive issues recently have
    been decided authoritatively. We deny leave to proceed in forma pauperis and
    dismiss the appeal.

    DISMISSED.

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