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Christopher Lee Alkire v. Allegany County Commissioners, in All Donald Wade David A. Goad, 894 F.2d 401, 4th Cir. (1990)

The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1990. It discusses a 42 U.S.C. § 1983 action filed by Christopher Alkire against Allegany County Commissioners and two individuals. The district court had adopted a magistrate's recommendation to dismiss some claims and grant summary judgment on others. Alkire appealed but also filed a motion for reconsideration within 10 days, saying he did not receive notice of the magistrate's report. The district court granted the motion for reconsideration. The Fourth Circuit treats the motion as one under Rule 59 and dismisses the appeal, returning the case to the district court to proceed with reconsideration.

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19 views2 pages

Christopher Lee Alkire v. Allegany County Commissioners, in All Donald Wade David A. Goad, 894 F.2d 401, 4th Cir. (1990)

The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1990. It discusses a 42 U.S.C. § 1983 action filed by Christopher Alkire against Allegany County Commissioners and two individuals. The district court had adopted a magistrate's recommendation to dismiss some claims and grant summary judgment on others. Alkire appealed but also filed a motion for reconsideration within 10 days, saying he did not receive notice of the magistrate's report. The district court granted the motion for reconsideration. The Fourth Circuit treats the motion as one under Rule 59 and dismisses the appeal, returning the case to the district court to proceed with reconsideration.

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894 F.

2d 401
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Christopher Lee ALKIRE, Plaintiff-Appellant,
v.
ALLEGANY COUNTY COMMISSIONERS, in all; Donald
Wade; David
A. Goad, Defendants-Appellees.
No. 89-7069.

United States Court of Appeals, Fourth Circuit.


Submitted: Oct. 31, 1989.
Decided: Jan. 16, 1990.

Christopher Lee Alkire, appellant pro se.


Michael Patrick May, O'Doherty, Nead & Hoffman; Timothy Eugene
Fizer, Gallager & May, for appellees.
Before DONALD RUSSELL and PHILLIPS, Circuit Judges, and
HARRISON L. WINTER, Senior Circuit Judge.
PER CURIAM:

Christopher Alkire, a Maryland prisoner, filed a 42 U.S.C. Sec. 1983 action.


The magistrate recommended dismissing some claims and granting summary
judgment on other claims. The district court adopted the magistrate's
recommendation. Alkire appealed and then filed a motion for reconsideration
within ten days of the district court's order, claiming that he had not received
notice of the magistrate's submission of her report to the district court. The
district court granted the motion for reconsideration.

Alkire's motion for reconsideration is treated as a motion under Fed.R.Civ.P. 59


because it was served within ten days of the district court's order dismissing the
42 U.S.C. Sec. 1983 action. Dove v. CODESCO, 569 F.2d 807, 809 (4th
Cir.1978). The Rule 59 motion nullified the notice of appeal. Fed.R.App.P. 4(a)
(4); Griggs v. Provident Consumer Discount Co., 459 U.S. 56 (1982). We
dismiss the appeal and return the case to the district court for proceedings in
furtherance of its grant of the motion to reconsider. We dispense with oral
argument because the facts and legal contentions are adequately presented in
the materials before the Court and argument would not aid the decisional
process.

DISMISSED.

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