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Paul Canady, II v. James Holder
USCA4 Appeal: 22-1824 Doc: 39 Filed: 06/07/2023 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 22-1824
PAUL TRUETT CANADY, II, Administrator for the Estate of Jimmie Andrew Underwood, a/k/a James Blackmon, a/k/a James Blackman, a/k/a Jimmy Lee Hooker,
Plaintiff – Appellant,
v.
JAMES HOLDER, in his individual capacity; ANDREW MUNDAY, in his individual capacity; CITY OF RALEIGH,
Defendants – Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:20-cv-00524-FL)
Argued: March 9, 2023 Decided: June 7, 2023
Before WILKINSON, AGEE, and HEYTENS, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
ARGUED: David S. Rudolf, PFEIFFER RUDOLF, Charlotte, North Carolina, for Appellant. Jason Robert Benton, PARKER, POE, ADAMS & BERNSTEIN LLP, Charlotte, North Carolina, for Appellees. ON BRIEF: Sonya Pfeiffer, Joseph P. Lattimore, RUDOLF WIDENHOUSE, Charlotte, North Carolina, for Appellant. Daniel E. Peterson, PARKER, POE, ADAMS & BERNSTEIN LLP, Charlotte, North Carolina, for Appellee James Holder. Rachel E. Keen, Sonny S. Haynes, WOMBLE BOND
USCA4 Appeal: 22-1824 Doc: 39 Filed: 06/07/2023 Pg: 2 of 3
DICKINSON (US) LLP, Winston-Salem, North Carolina, for Appellee Andrew Munday. Norwood Pitt Blanchard, III, CROSSLEY MCINTOSH COLLIER HANLEY & EDES PLLC, Wilmington, North Carolina, for Appellee City of Raleigh.
Unpublished opinions are not binding precedent in this circuit. *3 USCA4 Appeal: 22-1824 Doc: 39 Filed: 06/07/2023 Pg: 3 of 3
PER CURIAM:
James Blackmon filed an action against James Holder, Andrew Munday, and the
City of Raleigh, bringing constitutional and state-law claims. The district court dismissed
some of the claims, and then Blackmon voluntarily dismissed the remaining claims and
appealed. We now dismiss the appeal because his voluntary dismissal of certain claims
without prejudice created a non-final and non-appealable split judgment over which this
Court lacks jurisdiction. See Microsoft Corp. v. Baker, 582 U.S. 23, 27 (2017); Waugh
Chapel S., LLC v. United Food & Com. Workers Unions Loc. 27, 728 F.3d 354, 359 (4th
Cir. 2013); Poly-Med Inc. v. Novus Sci. PTE Ltd., 773 F. App’x 727, 727 (4th Cir. 2019).
We remand for such further proceedings, if any, as appropriate.