Wayne RESPER, Plaintiff-Appellant, v. WEXFORD MEDICAL SERVICES; Nurse Brenda Reece; Nurse Beverly McLaughlin; Nurse Carla Buck; Alan Wilt; Diane Hensel; Bernice; Ryan Browning; Richard Graham, Jr., Warden, Defendants-Appellees.
Decided: October 29, 2018
Before AGEE, THACKER, and RICHARDSON, Circuit Judges.
Wayne Resper, Appellant Pro Se. Gina Marie Smith, MEYERS, RODBELL & ROSENBAUM, PA, Riverdale Park, Maryland, for Appellees.
Wayne Resper seeks to appeal the district court's orders denying his motion for preliminary injunctive relief, denying his motion for reconsideration, and denying his motion for appointment of counsel. We affirm in part and dismiss in part.
The denial of a motion for a preliminary injunction is an appealable interlocutory order, 28 U.S.C. § 1292(A)(1) (2012), but the district court did not abuse its discretion in denying Resper's request for injunctive relief. See Dewhurst v. Century Aluminum Co., 649 F.3d 287, 290 (4th Cir. 2011) (setting forth standard of review). We therefore affirm the orders denying Resper's motions for preliminary injunctive relief and reconsideration for the reasons stated by the district court. Resper v. Wexford Med. Svcs., No. 8:17-cv-02014-PJM (D. Md. Dec. 21, 2017 & May 10, 2018).
With respect to the order denying Resper's motion for appointment of counsel, this court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because this order is neither a final order nor an appealable interlocutory or collateral order, we grant the Appellees’ motion to dismiss this portion of the appeal. Miller v. Simmons, 814 F.2d 962, 964 (4th Cir. 1987). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED IN PART, DISMISSED IN PART
Affirmed in part, dismissed in part by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.