William Davis, Jr. v. Department of State

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion dispositions in opinion--denying all pending motions. Originating case numbers: 4:13-cv-00058-RBS-DEM, 4:13-cv-00007-RBS-DEM. Copies to all parties and the district court. [999609256]. Mailed to: William Davis, Sydney Batch, Joseph McFadden, and Peter Teumer. [14-1916, 14-1999, 14-2139]--[Docket Text-Name of Mail Recipient-Edited 06/25/2015 by ALC]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1916

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.

No. 14-1999

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

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No. 14-2139

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.

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-00058-RBS-DEM; 4:13-cv-00007RBS-DEM)

Submitted:

May 28, 2015

Decided:

June 25, 2015

Before GREGORY, KEENAN, and WYNN, Circuit Judges.

Nos. 14-1916 and 14-2139 dismissed;
unpublished per curiam opinion.

No.

14-1999

affirmed

by

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

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
In these consolidated appeals, William Scott Davis, Jr.,
challenges

several

district

court

orders.

Although

Davis’

appeals arise from two distinct complaints filed in the district
court, his claims in both cases generally arise from the events
leading up to the termination of his parental rights and his
attempts to challenge the termination.

We dismiss the appeals

in Nos. 14-1916 and 14-2139 for lack of jurisdiction.

In No.

14-1999, we affirm the district court’s orders.
In

Nos.

14-1916

and

14-2139,

Davis

seeks

to

appeal

the

district court’s orders dismissing three of five defendants from
his complaint, in which he alleged claims under the Freedom of
Information Act and the Privacy Act, and disposing of numerous
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, 54546 (1949).
orders

The orders Davis seeks to appeal are neither final

nor

Accordingly,

appealable
we

dismiss

interlocutory
these

two

or

collateral

appeals

for

orders.
lack

of

jurisdiction.
In No. 14-1999, Davis appeals the district court’s order
granting

Defendants’

amended complaint.

motions

to

dismiss

and

We affirm this ruling.
4

dismissing

his

See Ashcroft v.

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Iqbal, 556 U.S. 662, 678 (2009).

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Further, we conclude that the

district court did not abuse its discretion in denying as futile
Davis’ motions for leave to amend his complaint.

See Equal

Rights Ctr. v. Niles Bolton Assocs., 602 F.3d 597, 603 (4th Cir.
2010).

Accordingly, we affirm the district court’s orders.

We deny all of Davis’ pending motions.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

We dispense with
contentions
this

court

are
and

argument would not aid the decisional process.

Nos. 14-1916 and 14-2139 DISMISSED
No. 14-1999 AFFIRMED

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