Garry Alston v. Tenita M. Solanto Robert L. Alley Michael Parker, D.A. Ruth B. Kirkham Lacy N. Thornburg, 67 F.3d 293 (4th Cir. 1995). · Go Syfert
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Garry Alston v. Tenita M. Solanto Robert L. Alley Michael Parker, D.A. Ruth B. Kirkham Lacy N. Thornburg, 67 F.3d 293 (4th Cir. 1995). Cases Citing This Book View Copy Cite
53 citation events (28 in the last 25 years) across 11 distinct courts.
Strongest positive: BAUER v. United States (uscfc, 2025-04-09)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) BAUER v. United States
Fed. Cl. · 2025 · signal: cf. · confidence medium
Ill. 1983) (same); cf. Baltimore v. Laborers’ Int’l Union of N. Am., 67 F.3d 293, *1 (4th Cir. 1995) (upholding the district court’s finding that numerosity was not met when, among other factors, the potential members likely lived in an “established jurisdictional boundary”).
discussed Cited "see" Wells v. Dental Care Alliance, LLC
D. Maryland · 2023 · signal: see · confidence high
See Brazell v. Green, 67 F.3d 293 (Table), 1995 WL 572890, at *1 (4th Cir, Sept. 29, 1995) (holding that plaintiff should be given time to re-serve defendant when pre-removal service was defective, because “the defendants had notice of the suit and do not claim to have been prejudiced by [plaintiff's] failire to serve them’). - Rule 4(m)’s 90-day window to complete service started running from the date of removal. | Eccles v. Nat’l Semiconductor Corp., 10 F. Supp. 2d 514, 519 (D.
discussed Cited "see" Richardson v. Commissioner of Social Security Administration
D.S.C. · 2021 · signal: see · confidence high
See Allen v. Chater, 67 F.3d 293 (4th Cir. 1995) (unpublished table decision) (holding that an order remanding a claim for Social Security benefits pursuant to sentence six of 42 U.S.C. § 405 (g) is not a final order).
discussed Cited "see" Mouzon-Johnson v. Commissioner Social Security Administration
D.S.C. · 2021 · signal: see · confidence high
See Allen v. Chater, 67 F.3d 293 (4th Cir. 1995) (unpublished table decision) (holding that an order remanding a claim for Social Security benefits pursuant to sentence six of 42 U.S.C. § 405 (g) is not a final order).
discussed Cited "see" Abraham v. Commissioner of Social Security Administration
D.S.C. · 2021 · signal: see · confidence high
See Allen v. Chater, 67 F.3d 293 (4th Cir. 1995) (unpublished table decision) (holding that an order remanding a claim for Social Security benefits pursuant to sentence six of 42 U.S.C. § 405 (g) is not a final order).
discussed Cited "see" Mathis v. Commissioner of Social Security Administration
D.S.C. · 2021 · signal: see · confidence high
See Allen v. Chater, 67 F.3d 293 (4th Cir. 1995) (unpublished table decision) (holding that an order remanding a claim for Social Security benefits pursuant to sentence six of 42 U.S.C. § 405 (g) is not a final order).
discussed Cited "see" Zetia (Ezetimibe) Antitrust v. Merck & Company, Inc.
4th Cir. · 2021 · signal: see · confidence high
See Baltimore v. Laborers’ Int’l Union of N. Am., 67 F.3d 293, at *1 (4th Cir. 1995) (unpublished table decision); Ballard, 543 F.2d at 1080 (noting that “the number of [class members] and knowledge of their identity . . . should be considered”).
discussed Cited "see" Dawley v. Commissioner of Social Security Administration
D.S.C. · 2021 · signal: see · confidence high
See Allen v. Chater, 67 F.3d 293 (4th Cir. 1995) (unpublished table decision) (holding that an order remanding a claim for Social Security benefits pursuant to sentence six of 42 U.S.C. § 405 (g) is not a final order).
discussed Cited "see" Baylor v. Homefix Custom Remodeling Corporation
D. Maryland · 2020 · signal: see · confidence high
See Bunch v, Shalala, 67 F.3d 293 (T'able), 1 995 WL 564385 , at *5 (4th 21 Cir. Sept. 25, 1995) (“Discriminatory job assignments to a certain department or work area are forbidden” under federal employment law).
discussed Cited "see" O'Quinn v. Commissioner Social Security Administration
D.S.C. · 2019 · signal: see · confidence high
See Allen v. Chater, 67 F.3d 293 , 1995 WL 579275 , at *1 (4th Cir. 1995) (holding that an order remanding a claim for Social Security benefits pursuant to sentence six of 42 U.S.C. § 405 (g) is not a final order).
discussed Cited "see" Bruster v. Commissioner of Social Security Administration
D.S.C. · 2019 · signal: see · confidence high
See Allen v. Chater, 67 F.3d 293 (4th Cir. 1995) (unpublished table decision) (holding that an order remanding a claim for Social Security benefits pursuant to sentence six of 42 U.S.C. § 405 (g) is not a final order).
discussed Cited "see" Gunter v. Commissioner Social Security Administration
D.S.C. · 2019 · signal: see · confidence high
See Allen v. Chater, 67 F.3d 293 (4th Cir. 1995) (unpublished table decision) (holding that an 5Though the court in Wilkins indicated in a parenthetical that the four-part test set forth in Borders had been superseded by an amendment to 42 U.S.C. § 405 (g), courts in the Fourth Circuit have continued to cite the requirements outlined in Borders when evaluating a claim for remand based on new evidence.
cited Cited "see" Randolph v. Hendry
S.D.W. Va · 1999 · signal: see · confidence high
See Brazell v. Green, 67 F.3d 293 , 1995 WL 572890, at *1 (4th Cir.1995) (holding that plaintiff after removal should be given time to serve defendant properly).
discussed Cited "see, e.g." Slone v. State Auto Property & Casualty Insurance Company
S.D.W. Va · 2021 · signal: see, e.g. · confidence low
See, e.g., McCoy, 858 F. Supp. 2d at 651-52 (“State law governs whether service of process is properly effected if attempted prior to removal.”) (citing Brazell v. Green, 67 F.3d 293 , 1995 WL 572890 (4th Cir. 1995) (unpublished table opinion); Wolfe v. Green, 660 F.Supp.2d 738, 745-46 (S.D.
discussed Cited "see, e.g." McCoy v. Norfolk Southern Railway Co.
S.D.W. Va · 2012 · signal: see, e.g. · confidence low
See, e.g., Brazell v. Green, 67 F.3d 293 , 1995 WL 572890 (4th Cir.1995) (Table) (unpublished); Wolfe v. Green, 660 F.Supp.2d 738, 745-46 (S.D.W.Va.2009) (citing Lee v. City of Beaumont, 12 F.3d 933, 936-37 (9th Cir.1993)); 4A Wright & Miller, Federal Practice and Procedure, § 1082 (3d ed.).
discussed Cited "see, e.g." Baumeister v. New Mexico Commission for the Blind
D.N.M. · 2006 · signal: see, e.g. · confidence low
See, e.g., Brazell v. Green, No. 94-7214, 67 F.3d 293 , 1995 WL 572890, at *1 (4th Cir.1995) (where defendants had not been properly served in state court, district court should have allowed plaintiffs an opportunity to perfect after removal); Lawrence v. Hanson, 197 F.Supp.2d 533, 538 (W.D.Va.2002) (“where service in state proceedings was incomplete or defective,” plaintiff has 120 days following notice of removal to complete service or start it anew); but see Morton v. Meagher, 171 F.Supp.2d 611, 615 (E.D.Va.2001) (“service was not effected within the time frame prescribed by state sta…
discussed Cited "see, e.g." Morton v. Meagher
E.D. Va. · 2001 · signal: see, e.g. · confidence low
See, e.g., Brazell v. Green, 67 F.3d 293 , 1995 WL 572890 (4th Cir.1995) (unpublished); Osborne v. Sandoz Nutrition Corp., 67 F.3d 289 , 289, 1995 WL 597215 (1st Cir.1995) (unpublished); Lee v. City of Beaumont, 12 F.3d 933, 936-37 (9th Cir.1993); Allen v. Ferguson, 791 F.2d 611 , 616 n. 8 (7th Cir.1986); 4A Charles A. Wright & Arthur R.
Retrieving the full opinion text from the archive…
Garry Alston
v.
Tenita M. Solanto Robert L. Alley Michael Parker, D.A. Ruth B. Kirkham Lacy N. Thornburg
95-6074.
Court of Appeals for the Fourth Circuit.
Sep 22, 1995.
67 F.3d 293
Published

67 F.3d 293
NOTICE: Fourth Circuit Local Rule 36(c) 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.

Garry ALSTON, Petitioner--Appellant,
v.
Tenita M. SOLANTO; Robert L. Alley; Michael Parker, D.A.;
Ruth B. Kirkham; Lacy N. Thornburg, Respondents--Appellees.

No. 95-6074.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 29, 1995.
Decided Sept. 22, 1995.

Garry Alston, Appellant Pro Se. Richard Norwood League, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees.

Before WILKINS, HAMILTON, and MICHAEL, Circuit Judges.

PER CURIAM:

1

Garry Alston petitions this court pursuant to 28 U.S.C. Sec. 636(c)(5) (1988) for leave to appeal a decision of the district court affirming the magistrate judge's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition.[*] Because Alston has failed to present a substantial question of law for review, we deny a certificate of probable cause to appeal and dismiss the petition for leave to appeal. See Adams v. Heckler, 794 F.2d 303, 309 (7th Cir.1986) (holding that petitions for leave to appeal under 28 U.S.C. Sec. 636(c)(5) should only be granted in cases involving substantial and important questions of law); Wolff v. Wolff, 768 F.2d 642, 647 (5th Cir.1985) (same). 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.

2

DISMISSED.

*

The parties consented to the jurisdiction of the magistrate judge with appeal to the district court. See 28 U.S.C. Sec. 636(c)(4). In these circumstances, the final judgment entered on the district court's decision "may be reviewed by the appropriate United States court of appeals upon petition for leave to appeal by a party stating specific objections to the judgment." 28 U.S.C. Sec. 636(c)(5); see Fed. R.App. P. 5.1(a). Appellant filed a notice of appeal, which does not satisfy this requirement. See Adams v. Heckler, 794 F.2d 303, 308 (7th Cir.1986); Moore McCormack Lines, Inc. v. International Terminal Operating Co., 784 F.2d 1542, 1544 (2d Cir.1986). The defect is not jurisdictional, however, and we have discretion to treat Appellant's notice of appeal as a petition for leave to appeal. See Moore McCormack Lines, Inc., 784 F.2d at 1545. We have done so