Paul Thompson, Jr. v. H. Clarke
20-6529
| 4th Cir. | Jul 26, 2021Background
- Paul C. Thompson, Jr. appealed the district court's adjudication of his 42 U.S.C. § 1983 and related state-law claims following multiple district-court rulings (dismissals and summary judgment).
- Thompson previously filed an appeal from the district court’s March 30, 2019 Rule 54(b) partial final judgment, but that earlier appeal was dismissed for lack of prosecution.
- Moving appellees (Tolbert, Hall, D. Wells, Shaffer) moved to dismiss the present appeal in part, arguing Thompson failed to show good cause to reinstate the prior-dismissed appeal.
- The district court and magistrate judge had denied Thompson’s motions for appointment of counsel and conducted status hearings; Thompson did not file objections to certain magistrate judge orders or hearing notices.
- The Fourth Circuit concluded it had jurisdiction to review the appeal despite some district-court dismissals without prejudice, but dismissed the appeal as to the moving appellees for lack of good cause to reinstate the prior appeal.
- The Fourth Circuit affirmed the district court's dismissal/summary-judgment rulings and denial of requested relief, finding no reversible error and concluding several issues were waived for failure to object or to show prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reinstatement of previously dismissed appeal | Thompson sought review of the March 29, 2018 order and effectively sought reinstatement of a prior-dismissed appeal. | Moving appellees: Thompson failed to show good cause required to reinstate an appeal dismissed for lack of prosecution. | Appeal dismissed in part as to moving appellees for failure to show good cause. |
| Review of magistrate judge orders and hearing notice | Thompson challenged denial of counsel, magistrate conduct at May 1, 2019 hearing, and the April 17 notice. | Defendants: Thompson did not timely object to the magistrate’s orders or notice, so issues are waived. | Claims waived for failure to file objections; no further review. |
| Review of district court dismissals and summary-judgment rulings | Thompson argued district court erred in dismissing § 1983 claims and in various summary-judgment/adjudicative rulings. | Defendants: district court rulings were legally correct and supported by the record. | Fourth Circuit affirmed the district court’s orders; no reversible error. |
| Denial of appointment of counsel | Thompson sought appointment of counsel at multiple stages. | Defendants: denial was within the court's discretion and not reversible. | Denial of appointment of counsel affirmed. |
Key Cases Cited
- Wells v. Shriners Hosp., 109 F.3d 198 (4th Cir. 1997) (party must file objections to obtain further review of magistrate judge's orders)
- Affinity Living Grp., LLC v. StarStone Specialty Ins. Co., 959 F.3d 634 (4th Cir. 2020) (jurisdictional considerations after dismissal without prejudice)
- Bing v. Brivo Sys., LLC, 959 F.3d 605 (4th Cir. 2020) (jurisdictional principles following dismissals without prejudice)
