Federal Circuits, 4th Cir. (August 17, 1989)
Docket number: 89-2010
Permanent Link:
http://vlex.com/vid/francis-mackay-virginia-beach-power-37277299
Id. vLex: VLEX-37277299
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Donald Francis Mackay, Jr., appellant pro se.
Jay Anthony Richardson, Jeffry Alden Sachs, City Attorney's Office for the City of Virginia Beach, for appellee City of Virginia Beach.M. Wayne Ringer, Williams, Worrell, Kelly & Greer, PC, for appellee Virginia Power.Before MURNAGHAN, CHAPMAN, and WILKINS, Circuit Judges.PER CURIAM:Donald Francis Mackay appeals from the district court's order denying him relief for numerous alleged constitutional violations pursuant to 42 U.S.C. Sec . 1983. Mackay alleged that the City of Virginia Beach (the "City") violated his rights when (1) the sheriff levied on and sold some of Mackay's property in satisfaction of a judgment lien, (2) his car was damaged due to poor road conditions, (3) his dog was taken by the City dog catcher when it was chained to a utility pole outside his dwelling, (4) he was summoned to court and found in violation of a City ordinance without being read his rights, (5) he was denied the necessary City permits to convert a garage into a dwelling and so was unable to obtain sewer and electrical hook-ups, (6) he was subjected to an illegal search because his landlord allowed a City inspector to examine the garage/dwelling, and (7) the City's zoning requirement that his dwelling have plumbing and electricity violated his right to practice his religion as a Calvinist. Mackay's only claim against Virginia Power was that it refused to provide him with electrical service in violation of 42 U.S.C. Sec . 1983 and federal antitrust law until he had a City permit and had made the necessary preparations for a temporary hook-up.In an order filed December 14, 1988, the district court granted Virginia Power's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) because Mackay had not alleged that Virginia Power had acted under color of state law as required by 42 U.S.C. Sec . 1983 or that its acts involved interstate commerce as required by federal antitrust law. Mackay's claims against the City were dismissed in an order filed January 6, 1989, granting the City's Rule 12(b)(6) motion on the basis that the complained of acts either were not alleged to be in furtherance of any municipal policy or were not shown to have violated any constitutional right. Mackay filed a timely notice of appeal "from the final judgment and order entered in this Action on the 5th day of January 1989."Virginia Power has filed a motion with this Court to dismiss it from this appeal on the grounds that Mackay's notice of appeal did not evidence his intent to appeal from the December order as required by Fed.R.App.P. 3(c). Where the notice of appeal designates specific rulings being appealed, this Court has no jurisdiction to review other judgments or issues which are not expressly referred to or impliedly intended for appeal. Foster v. Tandy Corp., 828 F.2d 1052, 1059 (4th Cir.1987); C.A. May Marine Supply Co. v. Brunswick Corp., 649 F.2d 1049, 1056 (5th Cir.), cert. denied,Try vLex for FREE for 3 days
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