John Kimble v. Montgomery County Police Dept.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999308044-2] Originating case number: 1:90-cv-00320-WMN Copies to all parties and the district court/agency. [999345912]. Mailed to: Steven Hildenbrand, John Kimble, James Parsons. [14-1115]

Appeal: 14-1115

Doc: 14

Filed: 04/29/2014

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1115

JOHN B. KIMBLE,
Plaintiff – Appellant,
v.
MONTGOMERY COUNTY (MD) POLICE DEPT.; MONTGOMERY COUNTY
MARYLAND GOVERNMENT; MONTGOMERY COUNTY SHERIFF'S DEPT.;
ANDREW W. PECORARO, Detective; DUANE GRANT, Detective,
Defendants - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
William M. Nickerson, Senior District
Judge. (1:90-cv-00320-WMN)

Submitted:

April 24, 2014

Decided:

April 29, 2014

Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John B. Kimble, Appellant Pro Se. Patricia Prestigiacomo Via,
COUNTY ATTORNEY’S OFFICE, Rockville, Maryland; Steven Giles
Hildenbrand, Assistant Attorney General, Baltimore, Maryland;
Stuart Milton Nathan, OFFICE OF THE ATTORNEY GENERAL OF
MARYLAND, Pikesville, Maryland; James Louis Parsons, Jr.,
LYNOTT, LYNOTT & PARSONS, Rockville, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-1115

Doc: 14

Filed: 04/29/2014

Pg: 2 of 2

PER CURIAM:
John
denying

his

B.

Kimble

“Motion

for

appeals
a

New

the

Trial

district
and

court’s

Other

order

Extraordinary

Relief in the Interests of Justice” * and its subsequent order
denying reconsideration of that order.

We have reviewed the

record and find that this appeal is frivolous.

Accordingly, we

deny leave to appeal in forma pauperis and dismiss the appeal
for

the

reasons

Montgomery

Cnty.

stated

by

the

Police

Dep’t,

Dec. 14, 2013; Jan. 28, 2014).

district
No.

court.

Kimble

1:90-cv-00320-WMN

(D.

v.
Md.

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.

DISMISSED

*

Noting that Kimble’s notice of appeal lists only the order
denying reconsideration, Appellees argue that this court lacks
jurisdiction to consider the order denying Kimble’s motion for a
new trial.
However, because Kimble’s informal brief adequately
demonstrates his intent to appeal this order, and because
Appellees were not prejudiced by the omission given the
arguments in their response brief, we conclude that we have
jurisdiction to review both orders.
See Canady v. Crestar
Mortg. Corp., 109 F.3d 969, 974 (4th Cir. 1997) (recognizing
that failure to properly designate portion of judgment appealed
in notice of appeal “will not result in a loss of appeal as long
as the intent to appeal a specific judgment can fairly be
inferred and the appellee is not prejudiced by the mistake”
(internal quotation marks omitted)).

2