# Bailey v. Brown

> Court of Appeals for the Fourth Circuit · October 19, 2009 · 333 F. App'x 795

URL: https://www.frixlaw.com/law-library/cases/1030521

## Case

- **Full name:** James BAILEY, Plaintiff—Appellant, v. Nurse BROWN, A/K/A Wanda Brown, Alvin S. Glenn Detention Center; Doctor Byrd, A/K/A Elin Berg, Head Physician Doctor, Alvin S. Glenn Detention Center; Lieutenant Jarvis, Alvin S. Glenn Detention Center; Alvin S. Glenn Detention Center, Director; Health Care Provider, Alvin S. Glenn Detention Center; Head Medical Doctor, Alvin S. Glenn Detention Center, Defendants—Appellees
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** October 19, 2009
- **Citations:** 333 F. App'x 795
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Shedd, Duncan, Agee
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 09-6575

JAMES BAILEY,

Plaintiff – Appellant,

v.

NURSE BROWN, a/k/a Wanda Brown, Alvin S. Glenn Detention
Center; DOCTOR BYRD, a/k/a Elin Berg, Head Physician Doctor,
Alvin S. Glenn Detention Center; LIEUTENANT JARVIS, Alvin S.
Glenn Detention Center; ALVIN S. GLENN DETENTION CENTER,
Director; HEALTH CARE PROVIDER, Alvin S. Glenn Detention
Center; HEAD MEDICAL DOCTOR, Alvin S. Glenn Detention
Center,

Defendants – Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry F. Floyd, District Judge.
(8:08-cv-00244-HFF)

Submitted: October 15, 2009 Decided: October 19, 2009

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Bailey, Appellant Pro Se. Sarah Thomas Clemmons,
Christopher Barton Major, G. Dewey Oxner, Jr., HAYNSWORTH,
SINKLER & BOYD, PA, Greenville, South Carolina; Daniel Plyer,
William Henry Davidson, II, DAVIDSON & LINDEMANN, PA, Columbia,
South Carolina; Amanda R. Maybank, Roy Pearce Maybank, MAYBANK
LAW FIRM, LLC, Charleston, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2
PER CURIAM:

James Bailey seeks to appeal the district court’s

order accepting the magistrate judge’s recommendation and

dismissing his 42 U.S.C. § 1983 (2006) complaint against all but

one defendant, Nurse Brown, and ordering Bailey to show cause

for his failure to effect service upon Nurse Brown. This court

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

§ 1291 (2006), and certain interlocutory and collateral orders,

28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order

Bailey seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. Accordingly, we

deny leave to proceed in forma pauperis and dismiss the appeal

for lack of jurisdiction. 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

3

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1030521. Public record. Not legal advice.