John Kimble v. Rajesh Rajpal , 585 F. App'x 186 ( 2014 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-1538
    JOHN B. KIMBLE,
    Plaintiff – Appellant,
    v.
    RAJESH K. RAJPAL, M.D.; RAJESH K. RAJPAL, trading as See
    Clearly Vision Group, L.L.C.,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.    Claude M. Hilton, Senior
    District Judge. (1:13-cv-00298-CMH-IDD)
    Submitted:   October 30, 2014               Decided:   November 14, 2014
    Before NIEMEYER and      THACKER,   Circuit    Judges,   and   HAMILTON,
    Senior Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    John B. Kimble, Appellant Pro Se.        Thomas Clyde          Marriner,
    COWDREY THOMPSON PC, Easton, Maryland, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    John B. Kimble filed a civil action against Rajesh K.
    Rajpal, M.D., and related corporate parties, asserting Virginia
    tort   law      claims    under    diversity    jurisdiction.       The    district
    court dismissed the action for lack of jurisdiction and denied
    Kimble’s subsequent Fed. R. Civ. P. 59(e) motion seeking relief
    from     that     judgment.          Kimble    appealed,     and    we    affirmed.
    Kimble v. Rajpal, 566 F. App’x 261, 263-64 (4th Cir. 2014) (Nos.
    13-2140, 14-1024).           After our opinion issued, Kimble filed a
    motion and amended motion “to reinstate and substitute parties,”
    which the district court denied.               Kimble also filed a Rule 59(e)
    motion    seeking        reconsideration       of   that   order.        Kimble   now
    appeals the orders denying these post-appeal motions.
    We review these orders for abuse of discretion.                      See
    Equal Rights Ctr. v. Niles Bolton Assocs., 
    602 F.3d 597
    , 603
    (4th Cir. 2010); Robinson v. Wix Filtration Corp., 
    599 F.3d 403
    ,
    407 (4th Cir. 2010).              Our review of the record demonstrates no
    abuse of discretion, as Kimble was not entitled to reinstate his
    claims with new parties or to continue the litigation on its
    merits following our opinion affirming its dismissal.                       Insofar
    as Kimble’s informal brief raises claims unrelated to the orders
    at issue in this appeal, these arguments are not properly before
    us.
    2
    Accordingly,       we   affirm   the   district    court’s    orders.
    We   dispense   with   oral    argument     because    the   facts   and   legal
    contentions     are   adequately    presented     in   the   materials     before
    this court and argument would not aid the decisional process.
    AFFIRMED
    3
    

Document Info

Docket Number: 14-1538

Citation Numbers: 585 F. App'x 186

Judges: Niemeyer, Thacker, Hamilton

Filed Date: 11/14/2014

Precedential Status: Non-Precedential

Modified Date: 10/19/2024