Halsey v. Sams, 933 F.2d 1001 (4th Cir. 1991). · Go Syfert
Search
Halsey v. Sams, 933 F.2d 1001 (4th Cir. 1991). Cases Citing This Book View Copy Cite
36 citation events (5 in the last 25 years) across 7 distinct courts.
Strongest positive: Smith v. Charleston County (scd, 2019-08-13)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Smith v. Charleston County
D.S.C. · 2019 · confidence medium
Ferguson, 933 F.2d 1001 at *2 (quoting Malley v. Briggs, 475 U.S. 335, 345 (1986)).
discussed Cited "see" Potter v. Shoney's, Inc.
M.D.N.C. · 1999 · signal: see · confidence high
See Burdette v. Mees, 933 F.2d 1001 , Nos. 90-3108, 90-3118, 1991 WL 84160 , *2 (4th Cir. May 23, 1991) (unpublished disposition): (We must determine whether the Trustees abused their discretion or acted arbitrarily and capriciously in denying ... benefits.
discussed Cited "see" Evans v. Blue Cross & Blue Shield of South Carolina
D.S.C. · 1993 · signal: see · confidence high
See Burdette v. Mees, 933 F.2d 1001 (4th Cir.1991) (Table, text in WESTLAW) (unpublished disposition) (in determining if decision is arbitrary, courts may “look to see if [it] ... was based on substantial evidence”); Boyd v. Trustees of the United Mine Workers Health and Retirement Funds, 873 F.2d 57 (4th Cir.1989) (under abuse of discretion standard, decisions will be upheld provided they are supported by substantial evidence).
Retrieving the full opinion text from the archive…
Percy Lee Halsey
v.
Bruce Sams, Court Appointed Counsel, David H. Chipman, Raymond G. Rowley, J. Dunlo, J.C. Depollo, M. Kirby, R. Sanders, D.S. Taylor, D.A. Anderson, C.W. Green, Gary W. Waters, Sheriff, Portsmouth City Jail
91-7541.
Court of Appeals for the Fourth Circuit.
May 23, 1991.
933 F.2d 1001
Unpublished

933 F.2d 1001
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Percy Lee HALSEY, Plaintiff-Appellant,
v.
Bruce SAMS, Court Appointed Counsel, David H. Chipman,
Raymond G. Rowley, J. Dunlo, J.C. Depollo, M. Kirby, R.
Sanders, D.S. Taylor, D.A. Anderson, C.W. Green, Gary W.
Waters, Sheriff, Portsmouth City Jail, Defendants-Appellees.

No. 91-7541.

United States Court of Appeals, Fourth Circuit.

Submitted May 6, 1991.
Decided May 23, 1991.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior District Judge. (CA-90-582-R)

Percy Lee Halsey, appellant pro se.

Mark Douglas Stiles, Wilcox & Savage, Norfolk, Va., for appellees.

E.D.Va.

DISMISSED.

Before DONALD RUSSELL, WILKINSON and WILKINS, Circuit Judges.

PER CURIAM:

1

Percy Lee Halsey appeals the district court's denial of his motion to compel discovery. We dismiss the appeal for lack of jurisdiction.

2

Under 28 U.S.C. Sec. 1291 this Court has jurisdiction over appeals from final orders. A final order is one which disposes of all issues in dispute as to all parties. It "ends the litigation on the merits and leaves nothing for the court to do but execute the judgment." Catlin v. United States, 324 U.S. 229, 233 (1945).

3

As the order appealed from is not a final order, it is not appealable under 28 U.S.C. Sec. 1291. The district court has not directed entry of final judgment as to particular claims or parties under Fed.R.Civ.P. 54(b), nor is the order appealable under the provisions of 28 U.S.C. Sec. 1292. Finally, the order is not appealable as a collateral order under Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949).

4

Finding no basis for appellate jurisdiction, 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.

5

DISMISSED.