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SMITH v. BARRY

No. 88-7096.

985 F.2d 180 (1993)

William Lewis SMITH, Plaintiff-Appellant, v. Wayne S. BARRY, as Medical Doctor of the Maryland Department of Corrections, individually and in his official capacity; 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, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 8, 1993.

Attorney(s) appearing for the Case

Steven H. Goldblatt, Director, Suzy Chan Hung, William J. Nelson, Brian Heller, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, DC, for plaintiff-appellant.

David H. Bamburger, Piper & Marbury, Washington, DC, Glen K. Allen, Joseph J. Curran, Jr., Atty. Gen. of Maryland, Diane Krejsa, Asst. Atty. Gen., 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.

OPINION

SMITH, District Judge:

Plaintiff-appellant William Smith prosecutes this appeal from two adverse orders of the district court. As to defendant-appellee Barry, we find that Smith failed to perfect his appeal. Accordingly, we dismiss the appeal as to Dr. Barry. As to defendants-appellees Victor, Turner, Hall, Brown, Jackson, and Wilkins ("the six prison guards"), we find that Smith did perfect his appeal, but affirm the district court's direction of...

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