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  • John Wagner v. John Beachy, 4th Cir. (2015)

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    The document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal in the case of John Alexander Wagner v. John S. Beachy et al. for lack of jurisdiction. The order notes that Wagner sought to appeal the district court's order that dismissed some but not all defendants and granted partial summary judgment to those defendants, but that the order was neither final nor appealable as an interlocutory or collateral order. Therefore, the appeals court dismisses the appeal for lack of jurisdiction.

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    Filed: 2015-06-23 Precedential Status: Non-Precedential Docket: 15-6456

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    The document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal in the case of John Alexander Wagner v. John S. Beachy et al. for lack of jurisdiction. The order notes that Wagner sought to appeal the district court's order that dismissed some but not all defendants and granted partial summary judgment to those defendants, but that the order was neither final nor appealable as an interlocutory or collateral order. Therefore, the appeals court dismisses the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    11 views3 pages

    John Wagner v. John Beachy, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal in the case of John Alexander Wagner v. John S. Beachy et al. for lack of jurisdiction. The order notes that Wagner sought to appeal the district court's order that dismissed some but not all defendants and granted partial summary judgment to those defendants, but that the order was neither final nor appealable as an interlocutory or collateral order. Therefore, the appeals court dismisses the appeal for lack of jurisdiction.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-6456

    JOHN ALEXANDER WAGNER,


    Plaintiff Appellant,
    v.
    JOHN S. BEACHY; BRANDON R. SELF; SERGEANT JAMIE C. FARRIS;
    DEAN W. ROUNDS, JR.; LEROY A. CONRAD, II; GARY D. MAYNARD;
    RODERICK SOWERS; JESSE BALLARD, III; KEITH ARNOLD; CORPORAL
    WALKER; SERGEANT GILLIUM; SERGEANT JANET PUFFENBARGER;
    SERGEANT JAMIE FARRIS; GREGORY R. SHAFFER; CORPORAL ADAMS; R.
    LOGSTON; KRISTY CORTEZ; COLLIN OTTEY; WEXFORD HEALTH SOURCES,
    INC.; WILLIAM S. BOHRER, Chief of Security; LIEUTENANT GEORGE
    B. MCCALPINE; MAJOR GARLAND; MAJOR PRESGRAVES; CAPTAIN ROBERT
    FRIEND, Sergeant; MAJOR THOMAS MELLOT; SERGEANT WALTER E.
    ISER, SR.; CORPORAL PARSONS; CORPORAL TURNER; CORPORAL CROWE;
    CORPORAL A. PRESTON; CORPORAL CHRISTOPHER; LIEUTENANT
    BRADLEY; S. CAPLE; SERGEANT BRANDON; BRIAN E. FAN; CORPORAL
    SHARON; SERGEANT GORDON; SERGEANT G. FORNEY; CORPORAL J.
    CRITES; CORPORAL ENGLESON; CORPORAL PRESTON; JESSE L.
    LAMBERT, III; SERGEANT ROACH; JUSTIN GORDON; LIEUTENANT
    BRADLEY WILT; CHRISTOPHER PRESTON; NURSE AUTUMN DURST; JANICE
    GILMORE; WILLIAM BEEMAN; J. MICHAEL STOUFFER; TIFFANY
    BENNETT,
    Defendants Appellees,
    and
    CORPORAL TOBY W. TASKER,
    Defendant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    Ellen L. Hollander, District Judge.
    (1:14-cv-00791-ELH)

    Submitted:

    June 18, 2015

    Decided:

    June 23, 2015

    Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    John Alexander Wagner, Appellant Pro Se. Thomas E. Dernoga, OFFICE


    OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland;
    Elizabeth Erin Pavlick, Carolyn Israel Stein, BONNER, KIERNAN,
    TREBACH & CORCIATA, LLP, Washington, D.C., for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    John Alexander Wagner seeks to appeal the district courts
    order dismissing some, but not all Defendants, and granting partial
    summary judgment to those Defendants in this action filed under 42
    U.S.C. 1983 (2012).
    over

    final

    orders,

    This court may exercise jurisdiction only


    28

    U.S.C.

    1291

    (2012),

    and

    certain

    interlocutory and collateral orders, 28 U.S.C. 1292 (2012); Fed.


    R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S.
    541, 545-46 (1949).

    The order Wagner seeks to appeal is neither

    a final order nor an appealable interlocutory or collateral order.


    Accordingly, we 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 this court and
    argument would not aid the decisional process.

    DISMISSED

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