Larnell Hendrick v. Wexford Health Sources, Inc.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:14-cv-02544-TDC Copies to all parties and the district court/agency. [999564817]. Mailed to: Larnell Hendrick. [14-7852]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7852

LARNELL HENDRICK,
Plaintiff – Appellant,
v.
WEXFORD HEALTH SOURCES, INC.; FRANK B. BISHOP, NBCI Warden,
In their individual and Official Capacities; LIEUTENANT
SAWYERS, In their individual and Official Capacities;
SERGEANT G. FORNEY, In their individual and Official
Capacities; CO II SOLTAS, In their individual and Official
Capacities; CO II ANDERSON, In their individual and
Official Capacities; BILL BEEMAN, NBCI Medical Director, In
their individual and Official Capacities,
Defendants - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Theodore D. Chuang, District Judge.
(8:14-cv-02544-TDC)

Submitted:

April 13, 2015

Decided:

April 15, 2015

Before WILKINSON, MOTZ, and AGEE, Circuit Judges.

Affirmed in part; dismissed in part by unpublished per curiam
opinion.

Larnell Hendrick, Appellant Pro Se. Gina Marie Smith, MEYERS,
RODBELL & ROSENBAUM, PA, Riverdale, Maryland, for Appellees.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Larnell

Hendrick

seeks

to

appeal

the

district

court’s

order: denying his motions for preliminary injunction and for
appointment of counsel; and granting his motions to correct the
record

and

to

(2012) action.
We

amend

the

complaint

in

this

42

U.S.C.

§ 1983

We affirm in part and dismiss in part.

review

the

denial

of

a

motion

injunction for abuse of discretion.

for

a

preliminary

WV Ass’n of Club Owners &

Fraternal Servs., Inc. v. Musgrave, 553 F.3d 292, 298 (4th Cir.
2009).

We conclude that the district court did not abuse its

discretion in finding that Hendrick failed to make the showing
required

for

Winter v.
(2008).

issuance

Natural

of

Res.

a

Def.

preliminary
Council,

injunction.

Inc.,

555

See

U.S.

7,

20

We therefore affirm the portion of the district court’s

order denying the requested injunction for the reasons stated by
the district court.

Hendrick v. Wexford Health Sources, Inc.,

No. 8:14-cv-02544-TDC (D. Md. Nov. 21, 2014).
With
order,

respect

this

to

court

may

the

remainder

exercise

of

the

jurisdiction

district
only

court’s

over

final

orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and
collateral

orders,

54(b); Cohen

v.

545-46 (1949).

28

U.S.C.

Beneficial

§ 1292

Indus.

(2012);

Loan

Fed.

Corp.,

337

R.

Civ.

U.S.

P.

541,

The non-dispositive orders denying the motion

for appointment of counsel and granting the motions to amend the
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complaint and to correct the record are neither final orders nor
appealable interlocutory or collateral orders.

Accordingly, we

dismiss this portion of the appeal.
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.

AFFIRMED IN PART;
DISMISSED IN PART

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