William Davis, II v. Albert Singer

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:13-cv-00007-RBS-DEM Copies to all parties and the district court/agency. [999319269].. [13-2505, 13-2523]

Appeal: 13-2505

Doc: 92

Filed: 03/20/2014

Pg: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-2505

WILLIAM SCOTT DAVIS, II; J.F.D., c/o William S. Davis, II;
ESTATE OF WILLIAM SCOTT DAVIS, SR., Deceased,
Plaintiffs - Appellants,
v.
ALBERT J. SINGER; DANIELLE DOYLE; SYDNEY J. BATCH; BATCH
POORE AND WILLIAMS; MICHELE JAWORSKI SUAREZ; MELANIE A.
SHEKITA; MICHELLE SAVAGE; ERIC CRAIG CHASSE; LISA SELLERS;
CHARLOTTE MITCHELL; WENDY KIRWAN; SONJI CARLTON; NANCEY
BERSON; SUSAN GARVEY, Doctor; ROBERT RADAR; MARGARET EAGLES;
RICHARD CROUTHARMEL; WAKE COUNTY GOVERNMENT,
Defendants - Appellees.

No. 13-2523

WILLIAM SCOTT DAVIS, Jr.,
Plaintiff - Appellant,
v.
DEPARTMENT OF STATE; STATE OF NORTH CAROLINA; WAKE COUNTY
NORTH CAROLINA MUNICIPAL GOVERNMENT; TOWN OF CARY NORTH
CAROLINA; SOCIAL SECURITY ADMINISTRATION,
Defendants - Appellees.

Appeal: 13-2505

Doc: 92

Filed: 03/20/2014

Pg: 2 of 4

Appeals from the United States District Court for the Eastern
District of Virginia, at Newport News.
Rebecca Beach Smith,
Chief District Judge.
(4:13-cv-00007-RBS-DEM; 4:13-cv-00058RBS-DEM)

Submitted:

March 14, 2014

Decided:

March 20, 2014

Before GREGORY, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Scott Davis, II, Appellant Pro Se.
James Nicholas
Ellis, POYNER SPRUILL LLP, Rocky Mount, North Carolina; Caroline
P. Mackie, Lisa Patterson Sumner, POYNER SPRUILL LLP, Raleigh,
North Carolina; Sydney J. Batch, BATCH, POORE & WILLIAMS LLP,
Raleigh, North Carolina; Elizabeth A. Martineau, MARTINEAU KING
PLLC, Charlotte, North Carolina; Peter Andrew Teumer, ROBEY
TEUMER & DRASH, Norfolk, Virginia; Joseph Tedford McFadden, Jr.,
RAWLS, MCNELIS & MITCHELL, Norfolk, Virginia; Ryan Michael
Shuirman, YATES, MCLAMB & WEYHER, LLP, Raleigh, North Carolina;
George Maralan Kelley, III, Assistant United States Attorney,
Norfolk, Virginia; Roger A. Askew, WAKE COUNTY ATTORNEY’S
OFFICE, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 13-2505

Doc: 92

Filed: 03/20/2014

Pg: 3 of 4

consolidated

appeals,

PER CURIAM:
In

these

William

Scott

Davis,

Jr., seeks to appeal two orders of the district court issued in
ongoing proceedings below.

The orders in question ruled on a

number of pending motions and deferred action on other motions.
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 (1949).

The

orders

nor

Davis

seeks

to

appeal

are

neither

final

appealable interlocutory or collateral orders.

orders

Accordingly, we

dismiss the appeals for lack of jurisdiction.
We deny Davis’ motions to file documents under seal
for failure to comply with 4th Circuit Rule 25(c).

We also deny

Davis’ motions to appoint counsel, motion for extension of time,
motion for interlocutory order, motion for interlocutory appeal,
motion to exceed the length limitations in his informal brief,
motions for stay pending appeal, motion to expand a certificate
of appealability, and all other pending motions.
We

also

note

that

Davis’

excessive

and

lengthy

electronic filings constitute an abuse of the court’s electronic
filing

system

operation.

and

impair

the

efficiency

of

the

court’s

We advise Davis that further abuse of his electronic

3

Appeal: 13-2505

Doc: 92

Filed: 03/20/2014

Pg: 4 of 4

filing status will result in limitations on his use and possible
sanctions.
We dispense with oral argument because the facts and
legal
before

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
DISMISSED

4