U.S. Court of Appeals for the Fourth Circuit, 1996

Boothe v. Lawson

Boothe v. Lawson
U.S. Court of Appeals for the Fourth Circuit · Decided May 31, 1996

Boothe v. Lawson

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-8503

RICHARD ALLEN BOOTHE, Plaintiff - Appellant, versus DAN LAWSON, Defendant - Appellee.

No. 95-8504

RICHARD ALLEN BOOTHE, Plaintiff - Appellant, versus OFFICER SCOTT, Defendant - Appellee.

No. 95-8505

RICHARD ALLEN BOOTHE, Plaintiff - Appellant, versus

DAN LAWSON, Defendant - Appellee.

No. 95-8506

RICHARD ALLEN BOOTHE, Plaintiff - Appellant, versus J. M. JABE, Defendant - Appellee.

No. 95-8507

RICHARD ALLEN BOOTHE, Plaintiff - Appellant, versus CAROLYN SAUNDERS, Defendant - Appellee.

No. 95-8508

RICHARD ALLEN BOOTHE, Plaintiff - Appellant,

versus

C. GENGA, Defendant - Appellee.

No. 95-8509

RICHARD ALLEN BOOTHE, Plaintiff - Appellant, versus MS. PALMER, Defendant - Appellee.

No. 95-8510

RICHARD ALLEN BOOTHE, Plaintiff - Appellant, versus C. J. POSEY, Defendant - Appellee.

No. 95-8511

RICHARD ALLEN BOOTHE, Plaintiff - Appellant,

versus

CAPTAIN PARKER, Defendant - Appellee.

No. 95-8512

RICHARD ALLEN BOOTHE, Plaintiff - Appellant, versus SERGEANT BYNUM, Defendant - Appellee.

Appeals from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CA-95-84-2, CA-95-155-2, CA-95-156-2, CA-95-413-2, CA-95-688-2, CA-95-735-2, CA-95-758-2, CA-95-778-2, CA-95-820-2, CA-95-821-2)

Submitted: May 16, 1996 Decided: May 31, 1996

Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.

Nos. 95-8503, 95-8504, 95-8505, 95-8506, and 95-8507 dismissed and Nos. 95-8508, 95-8509, 95-8510, 95-8511, and 95-8512 affirmed by unpublished per curiam opinion.

Richard Allen Boothe, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Richard Allen Boothe appeals from the district court's order dismissing ten of his 42 U.S.C. § 1983 (1988) actions. The appeals have been consolidated for appellate review.

Nos. 95-8503, 95-8504, 95-8505, 95-8506 In these four actions the district court assessed a filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th Cir. 1981), cert. denied, 454 U.S. 1153 (1982), and dismissed the cases without prejudice when Boothe failed to comply with the fee orders. Finding no abuse of discretion, we deny leave to proceed in forma pauperis and dismiss the appeals.

No. 95-8507 In this action, Boothe appeals the district court's order requesting him to pay a partial filing fee or explain why is unable to pay the fee. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).

The order here appealed is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in formal pauperis and dismiss the appeal as interlocutory.

Nos. 95-8508, 95-8509, 95-8510, 95-8511, 95-8512 In these five actions, Boothe appeals from the district court's order denying relief on five of his § 1983 complaints. We have reviewed the records and the district court's opinion, and find no reversible error. Accordingly, we affirm on the reasoning of the district court order.

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.

Nos. 95-8503, 95-8504, 95-8505, 95-8506, 95-8507 - DISMISSED Nos. 95-8508, 95-8509, 95-8510, 95-8511, 95-8512 - AFFIRMED

Case-law data current through December 31, 2025. Source: CourtListener bulk data.