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  • Rankins v. Bonner, 4th Cir. (2002)

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    This document is a summary of a United States Court of Appeals case. It summarizes that Michael Rankins appealed the district court's denial of multiple discovery motions in his 42 U.S.C. § 1983 civil rights case. However, the Court of Appeals dismissed the appeal for lack of jurisdiction because the district court's order was not a final, appealable order. The Court of Appeals can only hear appeals of final orders or certain interlocutory orders, which this was not. The appeal was dismissed as interlocutory.

    Original Description:

    Filed: 2002-03-26 Precedential Status: Non-Precedential Docket: 02-6082

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    This document is a summary of a United States Court of Appeals case. It summarizes that Michael Rankins appealed the district court's denial of multiple discovery motions in his 42 U.S.C. § 1983 civil rights case. However, the Court of Appeals dismissed the appeal for lack of jurisdiction because the district court's order was not a final, appealable order. The Court of Appeals can only hear appeals of final orders or certain interlocutory orders, which this was not. The appeal was dismissed as interlocutory.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    5 views2 pages

    Rankins v. Bonner, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is a summary of a United States Court of Appeals case. It summarizes that Michael Rankins appealed the district court's denial of multiple discovery motions in his 42 U.S.C. § 1983 civil rights case. However, the Court of Appeals dismissed the appeal for lack of jurisdiction because the district court's order was not a final, appealable order. The Court of Appeals can only hear appeals of final orders or certain interlocutory orders, which this was not. The appeal was dismissed as interlocutory.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6082

    MICHAEL RANKINS,
    Plaintiff - Appellant,
    versus
    GREGORY BONNER, Chief of Police,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District
    Judge. (CA-00-927-5-H)

    Submitted:

    March 14, 2002

    Decided:

    March 26, 2002

    Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Michael Rankins, Appellant Pro Se. Louis Phillip Hornthal, III,
    HORNTHAL, RILEY, ELLIS & MALAND, Elizabeth City, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Michael Rankins appeals the district courts order denying
    multiple discovery and other pre-trial motions in his 42 U.S.C.A.
    1983 (West Supp. 2001) action.

    We dismiss the appeal for lack of

    jurisdiction because the order is not appealable.

    This court may

    exercise jurisdiction only over final orders, 28 U.S.C. 1291


    (1994), and certain interlocutory and collateral orders, 28 U.S.C.
    1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
    Loan Corp., 337 U.S. 541 (1949).

    The order here appealed is

    neither a final order nor an appealable interlocutory or collateral


    order.
    We dismiss the appeal as interlocutory. 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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