Kenneth Newkirk v. Norma Capp

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:13-cv-00074-HEH. Copies to all parties and the district court/agency. [999403773]. Mailed to: Kenneth Newkirk. [14-6387]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6387

KENNETH H. NEWKIRK,
Plaintiff - Appellant,
v.
NORMA JEAN CAPP, Ms., Magistrate, Issue Search Warrants;
ROBERT LITTLE, Mr., Detective, Solve Mysteries; R. MAYER,
Mr., Detective-Detective,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:13-cv-00074-HEH)

Submitted:

July 24, 2014

Before FLOYD and
Circuit Judge.

THACKER,

Decided: July 28, 2014

Circuit

Judges,

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Kenneth H. Newkirk, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kenneth H. Newkirk appeals the district court’s order
directing

him

to

particularize

his

42

U.S.C.

§ 1983

(2012)

complaint and denying his motion for appointment of counsel.
We may exercise jurisdiction only over final orders
and

certain

interlocutory

and

collateral

orders.

Cohen

Beneficial Indus. Loan Corp., 337 U.S. 541, 546 (1949).

v.

When a

notice of appeal is premature, the jurisdictional defect can be
cured if the district court enters a final judgment prior to our
consideration of the appeal under the doctrine of cumulative
finality.

Equip. Fin. Grp., Inc. v. Traverse Computer Brokers,

973

345,

F.2d

premature

347-48

finality

notices
rule;

of

(4th
appeal

instead,

this

Cir.
are

1992).
subject

doctrine

However,
to

applies

the

not

all

cumulative

only

when

the

appellant appeals from an order that the district court could
have certified for immediate appeal under Fed. R. Civ. P. 54(b).
In re Bryson, 406 F.3d 284, 287-89 (4th Cir. 2005).
from

“clearly

Newkirk
finality.

seeks

interlocutory
to

Id.

appeal,
at

288

decision[s],”

cannot
(internal

be

such

saved

quotation

as

under
marks

Appeals
the

one

cumulative
omitted).

Accordingly, although the district court has entered its final
order dismissing Newkirk’s action, we dismiss Newkirk’s appeal
as interlocutory.

2

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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

3