Williams v. Maxwell

Fourth Circuit

Williams v. Maxwell

396 F.2d 143

CourtCourt of Appeals for the Fourth Circuit

DecidedMay 27, 1968

DocketNo. 12228

StatusPublished

Cited by3 cases

This text of 396 F.2d 143 (Williams v. Maxwell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Williams v. Maxwell, 396 F.2d 143 (4th Cir. 1968).

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Opinion

PER CURIAM:

J. Evert Williams, invoking the original jurisdiction of this court, complains that Robert E. Maxwell, United States District Judge for the Northern District of West Virginia, and Henry K. Higginbotham, Special Master, misconstrued an order of reference, and that the master acted beyond the scope of his authority. He seeks a writ of mandamus requiring the district judge to vacate the order of reference, the preliminary report, the order of the court adopting the preliminary report and an order making further reference to the master. He also seeks an order requiring the district judge to permit him to present additional evidence and to grant a trial by jury “or to give the trial judge the opportunity to disqualify himself on the basis of his prejudicial and erroneous rulings in the proceedings thus far.” He also seeks to prohibit the master from taking further action on the order of reference.

Issues arising out of a master’s report and procedures followed by the master and the district court are cognizable on appeal. United States v. Cline, 388 F.2d 294 (4th Cir., Jan. 8, 1968). The orders of the district court approving the preliminary report of the master and referring the case for findings on other issues do not contain the certificate required by 28 U.S.C. § 1292 (b) to facilitate an interlocutory appeal or the direction for the entry of a final judgment prescribed by Fed.R.Civ.P. 54 (b). Under these circumstances the alleged errors are not reviewable by this court at this stage of the proceedings. The extraordinary writs sought by the petitioner were not designed to perform the office of an interlocutory appeal. Will v. United States, 389 U.S. 90, 104, 88 S.Ct. 269, 19 L.Ed.2d 305 (1967). The petition is dismissed.

Dismissed.

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PER CURIAM:

J. Evert Williams, invoking the original jurisdiction of this court, complains that Robert E. Maxwell, United States District Judge for the Northern District of West Virginia, and Henry K. Higginbotham, Special Master, misconstrued an order of reference, and that the master acted beyond the scope of his authority. He seeks a writ of mandamus requiring the district judge to vacate the order of reference, the preliminary report, the order of the court adopting the preliminary report and an order making further reference to the master. He also seeks an order requiring the district judge to permit him to present additional evidence and to grant a trial by jury “or to give the trial judge the opportunity to disqualify himself on the basis of his prejudicial and erroneous rulings in the proceedings thus far.” He also seeks to prohibit the master from taking further action on the order of reference.

Issues arising out of a master’s report and procedures followed by the master and the district court are cognizable on appeal. United States v. Cline, 388 F.2d 294 (4th Cir., Jan. 8, 1968). The orders of the district court approving the preliminary report of the master and referring the case for findings on other issues do not contain the certificate required by 28 U.S.C. § 1292 (b) to facilitate an interlocutory appeal or the direction for the entry of a final judgment prescribed by Fed.R.Civ.P. 54 (b). Under these circumstances the alleged errors are not reviewable by this court at this stage of the proceedings. The extraordinary writs sought by the petitioner were not designed to perform the office of an interlocutory appeal. Will v. United States, 389 U.S. 90, 104, 88 S.Ct. 269, 19 L.Ed.2d 305 (1967). The petition is dismissed.

Dismissed.

J. Evert Williams, AKA J. Everett Williams, and Virginia C. Williams v. Honorable Robert E. Maxwell, Judge for the Northern District of West Virginia, Henry K. Higginbotham, Special Master, Acting in the Matter Styled "J. C. Trembly, in His Own Right and as Administrator of the Estate of Anna B. Trembly, Deceased, Parties v. J. Evert Williams" in Civil Action No. 605-E

396 F.2d 143 (Fourth Circuit, 1968)

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396 F.2d 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-maxwell-ca4-1968.

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