McCarty v. Danzig ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-1700
ROBERT J. MCCARTY,
Plaintiff - Appellant,
versus
RICHARD DANZIG, Secretary of the Navy,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. James C. Cacheris, Senior Dis-
trict Judge. (CA-98-369-A)
Submitted: July 30, 1999 Decided: September 13, 1999
Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Robert J. McCarty, Appellant Pro Se. Jeri Kaylene Somers, OFFICE
OF THE UNITED STATES ATTORNEY, Alexandria, Virginia; Major Joe
Delbert Baker, II, DEPARTMENT OF THE NAVY, Arlington, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert J. McCarty has noticed an appeal from a final judgment
of the district court dismissing various employment discrimination
claims against his employer. In an earlier appeal from that final
judgment, McCarty had challenged only a pre-trial order dismissing
some of the claims by partial summary judgment. We considered and
rejected that challenge on the merits. See McCarty v. Danzig, No.
99-1137 (Apr. 20, 1999) (unpublished). On the present appeal,
McCarty seeks to raise the same challenges earlier rejected and new
ones involving the dismissal of other claims following trial. We
decline to consider either set. See Omni Outdoor Adver., Inc. v.
Columbia Outdoor Adver., Inc., 974 F.2d 502, 505 (4th Cir. 1992)
(issues not raised on first appeal will be considered waived and
cannot be raised in a subsequent appeal); Meekins v. United Transp
Union, 946 F.2d 1054, 1057 (4th Cir. 1991) (relitigation of claim
previously rejected by final judgment on merits precluded).
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
2