Brooks v. Davis (4th Cir. 1998)

Federal Circuits, 4th Cir. (April 24, 1998)

Docket number: 97-7374

Permanent Link: http://vlex.com/vid/brooks-v-davis-18183286
Id. vLex: VLEX-18183286

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U.S. Court of Appeals for the 4th Cir. - Anthony Rish; Larry Dolph; David H. Roberts, Plaintiffs-Appellees, and George H. Van Wagner, Iii; John Mcmahon, Plaintiffs, v. Sally Johnson, Doctor, in Her Official Capacity as Associate Warden of Mental Health Services and Head of United States Public Health Services At Butner Federal Correctional Institute and Individually; Cathy Hicks, in Her Official Capacity as Unit Manager, Federal Correctional Institute Butner and Individually; Wilber Lemay, Counselor, in His Official Capacity At Federal Correctional Institute Butner and Individually, Defendants-Appellants, and Jim King, Case Manager, in His Official Capacity At Federal Correctional Institute Butner and Individually; Michael J. Quinlan, as Director of Bureau of Prisons in His Official Capacity and Individually; U.S. Government, Defendants., 131 F.3d 1092 (4th Cir. 1997) Plaintiffs-Appellees, and George H. Van Wagner, Iii; John Mcmahon, Plaintiffs, v. Sally Johnson, Doctor, in Her Official Capacity as Associate Warden of Mental Health Services and Head of United States Public Health Services At Butner Federal Correctional Institute and Individually; Cathy Hicks, in Her Official Capacity as Unit Manager, Federal Correctional Institute Butner and Individually; Wilber Lemay, Counselor, in His Official Capacity At Federal Correctional Institute Butner and Individually, Defendants-Appellants, and Jim King, Case Manager, in His Official Capacity At Federal Correctional Institute Butner and Individually; Michael J. Quinlan, as Director of Bureau of Prisons in His Official Capacity and Individually; U.S. Government, Defendants.

US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 1292 - Sec. 1292. Interlocutory decisions

US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 1291 - Sec. 1291. Final decisions of district courts

U.S. Supreme Court - Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949)

U.S. Court of Appeals for the 4th Cir. - United States of America, Appellee, v. Edward Lester Schronce, Jr., Appellant., 727 F.2d 91 (4th Cir. 1984)

See other documents that cite the same legislation

Text:

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7374 DARRELL BROOKS, #156441, Plaintiff - Appellant, versus

WILLIAM R. DAVIS, Warden; WILLIE EAGLETON, Associate Warden; DOUGLAS FUNDERBURK, Captain;

MARLBORO TERRY, Lieutenant; JAMES ROBINSON,

Lieutenant; K. GREEN, Lieutenant; L. RANSOM,

Lieutenant; R. JACKSON, Sergeant; SERGEANT

CASSIDY; A. JOYNER, Inmate Representative;

DAVID ODOM, Hearing Officer; DONALD MURPHY,

Officer; LARRY BYRD, Officer; JIMMY EDGE,

Officer; W. B. PRATT, Officer; OFFICER ALFORD;

OFFICER LEADBETTER; OFFICER PAGE; OFFICER

MCDUFFIE; OFFICER LESTER; OFFICER CHAVIS;

OFFICER BRANHAM; OFFICER B UWIE; E. B. FORD, Sergeant; MAJOR LATTA; OFFICER RATLIFF;

OFFICER MCDONALD, Defendants - Appellees.

No. 97-7449 DARRELL BROOKS, #156441, Plaintiff - Appellee, versus

WILLIAM R. DA VIS, Warden; WILLIE EAGLETON, Associate Warden; DOUGLAS FUNDERBURK, Captain;

MARLBORO TERRY, Lieutenant; JAMES ROBINSON,

Lieutenant; K. GREEN, Lieutenant; L. RANSOM,

Lieutenant; R. JACKSON, Sergeant; SERGEANT

CASSIDY; A. JOYNER, Inmate Representative;

DAVID ODOM, Hearing Officer; DONALD MURPHY,

Officer; LARRY BYRD, Officer; JIMMY EDGE,

Officer; W. B. PRATT, Officer; OFFICER ALFORD;

OFFICER LEADBE TTER; OFFICER PAGE; OFFICER MCDUFFIE; OFFICER LESTER; OFFICER CHAVIS;

OFFICER BRANHAM; OFFICER BUWIE; E. B. FORD,

Sergeant; MAJOR LATTA; OFFICER RATLIFF;

OFFICER MCDONALD, Defendants - Appellants. Appeals from the United States District Court for the District of

South Carolina, at Florence. David C. Norton, District Judge.

(CA-96-890-4-18-BE)

Submitted: April 7, 1998 Decided: April 24, 1998

Before MURNAGHAN, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Darrell Brooks, Appellant Pro Se. Andrew Foster McLeod, HARRIS &

MCLEOD, Cheraw, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

* To the extent that Defendants challenge the district court's denial of summary judgment based on their claim of qualified

immunity, raised only in their answer, they waived this claim by

failing to raise it in their motion for summary judgment or their

objections to the magis trate judge's report. See

Buffington v. Baltimore County

, 913 F.2d 113, 120-21 (4th Cir. 1990); United

States v. Schronce

, 727 F.2d 91, 94 (4th Cir. 1984); see also

Rish

v. Johnson

, 131 F.3d 1092, 1098 n.7 (4th Cir. 1997). 3 PER CURIAM:

Darrell Brooks appeals the district court order granting

summary judgment in favor of Defendants as to s everal counts of Brooks' complaint. Defendants appeal the district court's order

denying summary judgment as to the remaining counts of Brooks' com-

plaint. We dismiss these appeals 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 inter-

locutory 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 appeals 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