SMITH v. GALLEY

No. 88-7096.

919 F.2d 893 (1990)

William Lewis SMITH, Plaintiff-Appellant, v. Jon P. GALLEY, individually and in his official capacity as Commissioner of the Division of Corrections Department of Public Safety and Correctional Services; George H. Collins, individually and in his official capacity as Warden of the Maryland Penitentiary; Commander Captain Carpenter; R. Victor, Sergeant, individually and in his official capacity as Correctional Officer of the Maryland Penitentiary; Arnold Turner, Sergeant, individually and in his official capacity as Correctional Officer of the Maryland Penitentiary; R. Hall, Officer, individually and in his official capacity as Correctional Officer of the Maryland Penitentiary; R. Brown, Officer, individually and in his official capacity as Correctional Officer of the Maryland Penitentiary; Officer Jackson, individually and in his official capacity as Correctional Officer of the Maryland Penitentiary; Officer Wilkins, individually and in his official capacity as Correctional Officer of the Maryland Penitentiary; Wayne S. Barry, as Medical Doctor of the Maryland Department of Corrections, individually and in his official capacity; Robert Ellis, as Psychologist, of the Maryland Department of Corrections, individually and in his official capacity as Doctor of the Maryland Penitentiary; Daniel Porecki, as Psychiatrist, of the Maryland Department of Corrections, individually and in his official capacity as Doctor of the Maryland Penitentiary, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 29, 1990.

Rehearing and Rehearing Denied December 26, 1990.


Attorney(s) appearing for the Case

James Kress, Student Counsel, Appellate Litigation Program, Georgetown University Law Center, argued (Steven H. Goldblatt, Director, Cynthia S. Mauzur, Supervising Atty., Brian G. Holland, Student Counsel, Appellate Litigation Program, Georgetown University Law Center, on brief), Washington, D.C., for plaintiff-appellant.

Glen K. Allen, Piper & Marbury, argued (David H. Baumberger, Piper & Marbury, on brief), Baltimore, Md., for defendants-appellees.

Before RUSSELL and WIDENER, Circuit Judges, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.


Rehearing and Rehearing En Banc Denied December 26, 1990.

WIDENER, Circuit Judge:

William Smith prosecutes his appeal from two adverse orders of the district court in his action under 42 U.S.C. § 1983. Because Smith did not properly perfect his appeal, we are without jurisdiction to consider the orders in question and we therefore dismiss the appeal.

William Smith, an inmate at the Maryland State Penitentiary, suffers from a psychogenic pain disorder...

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