Canaday V. Kelley - Sixth Circuit U.S. Court of Appeals

Canaday V. Kelley

By Sixth Circuit U.S. Court of Appeals

  • Release Date: 1994-10-14
  • Genre: Law
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Canaday V. Kelley Sixth Circuit U.S. Court of Appeals Book Review Score: ★★★★★ 5/5 stars

MILBURN, Circuit Judge. Plaintiff Thomas Ben Canaday appeals the district court's dismissal of his 42 U.S.C. § 1983 action based upon its grant of defendants' motion to dismiss in part and its grant of defendants' motion for summary judgment in part in this action alleging that plaintiff's veterans' preference rights were violated. On appeal, plaintiff states the issues as (1) whether the district court erred in granting defendants' motion for summary judgment without allowing adequate time and assistance for discovery, despite plaintiff's claims that evidence in defendants' possession would allow him to withstand the motion; (2) whether, pursuant to 28 U.S.C. § 1331, federal court jurisdiction exists for plaintiff's claim that continuing unequal enforcement of state statutes and regulations affecting veterans violates federal constitutional and statutory provisions; and (3) whether the lower court abused its discretion by denying plaintiff's motion for permission to supplement the record on appeal and by refusing to give plaintiff additional time to supply requested exhibits and materials. For the reasons that follow, we affirm.

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