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Paul Thompson, Jr. v. H. Clarke
20-6529
| 4th Cir. | Jul 26, 2021
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Background

  • 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)
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Case Details

Case Name: Paul Thompson, Jr. v. H. Clarke
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Jul 26, 2021
Docket Number: 20-6529
Court Abbreviation: 4th Cir.