Akeem Abdullah-Malik v. Bruce Bryant

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to dismiss appeal [999546357-2] in 15-6002 Originating case number: 1:14-cv-00109-RBH-SVH. Copies to all parties and the district court. [999630195]. Mailed to: Akeem Alin-Nafis Abdullah-Malik. [15-6002, 15-6540]

Appeal: 15-6002

Doc: 28

Filed: 07/29/2015

Pg: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6002

AKEEM ALIN-NAFIS ABDULLAH-MALIK,
Plaintiff - Appellant,
v.
BRUCE M. BRYANT, et al Sheriff; JAMES F. ARWOOD, et al Jail
Administrator; RICHARD L. MARTIN, JR., et al Assistant Jail
Administrator; GARY L. DAVIS, et al Security Commander; ALL
LISTED AND UNKNOWN AGENTS; BEN HOWLEY, et al Training
Lieutenant; CHERYL CUZMAN, et al Administrative Lieutenant;
FRAN
C.
PLEMMONS,
Lieutenant;
RANDY
GUIDERY,
Classification/ICE 287g; JOHN C. HICKS, Internal Affairs;
TAMMY M. DOVER, RN Medical Services Coordinator; SANDRA
STERNAL, Dietitian Trinity Food Services Group Oldsmar,
Florida Contracted thru York County Detention Facility; JT
STRAIT, Detention Officer Sergeant; MCMILLIAN, Detention
Officer
Sergeant;
HENSON,
Detention
Officer
Sergeant;
TUCKER, Detention Officer Sergeant; PENLAND, Detention
Officer; ROBINSON, Detention Officer; NORRIS, Detention
Officer; YOCHEM, Detention Officer; MCMAHAN, Detention
Officer; REYNOLDS, Detention Officer; WENDY PLEMMONS; M A
GURDRY; YORK COUNTY SHERIFFS OFFICE; YORK COUNTY DETENTION
CENTER; SGT MCMILLIAN,
Defendants - Appellees.

No. 15-6540

AKEEM ALIN-NAFIS ABDULLAH-MALIK,
Plaintiff - Appellant,
v.

Appeal: 15-6002

Doc: 28

Filed: 07/29/2015

Pg: 2 of 4

BRUCE M. BRYANT, et al Sheriff; JAMES F. ARWOOD, et al Jail
Administrator; RICHARD L. MARTIN, JR., et al Assistant Jail
Administrator; GARY L. DAVIS, et al Security Commander; ALL
LISTED AND UNKNOWN AGENTS; BEN HOWLEY, et al Training
Lieutenant; CHERYL CUZMAN, et al Administrative Lieutenant;
FRAN
C.
PLEMMONS,
Lieutenant;
RANDY
GUIDERY,
Classification/ICE 287g; JOHN C. HICKS, Internal Affairs;
TAMMY M. DOVER, RN Medical Services Coordinator; SANDRA
STERNAL, Dietitian Trinity Food Services Group Oldsmar,
Florida Contracted thru York County Detention Facility; JT
STRAIT, Detention Officer Sergeant; MCMILLIAN, Detention
Officer
Sergeant;
HENSON,
Detention
Officer
Sergeant;
TUCKER, Detention Officer Sergeant; PENLAND, Detention
Officer; ROBINSON, Detention Officer; NORRIS, Detention
Officer; YOCHEM, Detention Officer; MCMAHAN, Detention
Officer; REYNOLDS, Detention Officer; WENDY PLEMMONS; M A
GURDRY; YORK COUNTY SHERIFFS OFFICE; YORK COUNTY DETENTION
CENTER; SGT MCMILLIAN,
Defendants - Appellees.

Appeals from the United States District Court for the District
of South Carolina, at Aiken. R. Bryan Harwell, District Judge.
(1:14-cv-00109-RBH-SVH; 1:14-cv-00109-RBH)

Submitted:

June 30, 2015

Decided:

July 29, 2015

Before NIEMEYER, MOTZ, and WYNN, Circuit Judges.

No. 15-6002 affirmed; No. 15-6540 affirmed in part and dismissed
in part by unpublished per curiam opinion.

Akeem Alin-Nafis Abdullah-Malik, Appellant Pro Se. Robert David
Garfield, Andrew Lindemann, DAVIDSON & LINDEMANN, PA, Columbia,
South Carolina; Gregory D. Cote, MCCARTER & ENGLISH, LLP,
Boston, Massachusetts; Theodore David Rheney, GALLIVAN, WHITE &
BOYD, PA, Greenville, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 15-6002

Doc: 28

Filed: 07/29/2015

Pg: 3 of 4

PER CURIAM:
In these consolidated appeals, Akeem Alin-Nafis AbdullahMalik appeals the district court’s order denying his motion for
reconsideration and the court’s order adopting as modified the
magistrate

judge’s

report

and

recommendation

and

dismissing

Abdullah-Malik’s 42 U.S.C. § 1983 (2012) civil rights complaint.
We

have

reviewed

the

district

court’s

order

reconsideration and find no abuse of discretion.
M.L.

Mktg.

Co.,

116

standard of review).

F.3d

91,

94

(4th

Cir.

denying

See Heyman v.
1997)

(stating

Accordingly, we affirm No. 15-6002 on the

reasoning of the district court. 1

Abdullah-Malik v. Bryant, No.

1:14-cv-00109-RBH-SVH (D.S.C. Nov. 19, 2014).
In
timely

No.

15-6540,

objections

to

because
the

Abdullah-Malik
magistrate

failed

judge’s

to

file

report

and

recommendation, we dismiss in part.

Wells v. Shriners Hosp.,

109 F.3d 198, 201 (4th Cir. 1997).

Insofar as the district

court

concluded

that

Abdullah-Malik

1

failed

to

state

a

claim

The district court’s order denying Abdullah-Malik’s motion
for reconsideration was an interlocutory order from which no
appeal lies.
However, Abdullah-Malik’s appeal from that order
is merged into the final judgment and is open to review on his
appeal from that judgment. Hellerstein v. Mr. Steak, Inc., 531
F.2d 470, 474 (10th Cir. 1976) (“The general rule is that an
interlocutory order from which no appeal lies is merged into the
final judgment and open to review on appeal from that
judgment.”). Accordingly, we deny as moot the Appellees’ motion
to dismiss.

3

Appeal: 15-6002

Doc: 28

against

Filed: 07/29/2015

Defendant

Sandra

Pg: 4 of 4

Sternal,

we

affirm

for

the

reasons

stated by the court in its March 24, 2015 order.

Abdullah-

Malik v.

Mar.

2015).

Bryant,

No.

1:14-cv-00109-RBH-SVH

(D.S.C.

24,

We have considered Abdullah-Malik’s remaining arguments

and conclude they are without merit.
Accordingly,

in

No.

15-6002,

we

affirm

and

deny

the

Appellees’ motion to dismiss as moot, and in No. 15-6540, we
affirm in part and dismiss in part.

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.
No. 15-6002 AFFIRMED
No. 15-6540 AFFIRMED IN PART AND DISMISSED IN PART

4