UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1180
DOROTHEA BARR; TR LIMITED, t/a Raley's
Emergency Road Service, t/a Raley's Towing;
METROPOLITAN WRECKER, INCORPORATED;
PROFESSIONAL PARKING MANAGEMENT TOWING,
INCORPORATED; DUKE DEVELOPMENT LLC; BBK
ENTERPRISES, INCORPORATED; RALEY'S ROAD
SERVICE OF MARYLAND, INCORPORATED,
Plaintiffs - Appellants,
versus
PRINCE GEORGE'S COUNTY, MARYLAND; RONALD E.
KOZLOWSKI, individually and in his capacity as
a police officer of the Prince George's County
Police Department; CHARLES DUELLEY,
individually and in his capacity as a police
officer of the Prince George's County Police
Department,
Defendants - Appellees,
and
PRINCE GEORGE'S COUNTY POLICE DEPARTMENT,
Defendant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. J. Frederick Motz, District Judge. (CA-
02-346-8-JFM)
Submitted: August 27, 2004 Decided: October 29, 2004
Before WILKINS, Chief Judge, and NIEMEYER and SHEDD, Circuit
Judges.
Dismissed in part and affirmed in part by unpublished per curiam
opinion.
Dorothea Barr, Appellant Pro Se. Rhonda L. Weaver, Associate
County Attorney, Upper Marlboro, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Dorothea Barr and six corporations owned by her, which
were engaged in the automobile towing business and related
services, commenced this action against Prince George's County
(Maryland) Police Department, Prince George's County, and two
Prince George's County police officers. The plaintiffs alleged
that the defendants violated plaintiffs' civil rights, interfered
with the automobile towing businesses' relations, defamed Barr, and
otherwise injured her when the police officers conducted an
investigation into the legitimacy of Barr's businesses, initiated
legal process against them, and conducted a search of them on
February 2, 1999. The search was conducted pursuant to several
search warrants signed by a circuit judge on January 28, 1999. The
police officers contended that they had reason to believe that Barr
and her businesses were abusing their duties when hired by the
Prince George's County "Tow Coordination Unit" to pick up
automobiles on behalf of Prince George's County. They contended
that Barr and her businesses were fraudulently transferring such
vehicles to herself or her entities, contrary to any authorization
give by Prince George's County.
In her complaint, Barr alleged in nine counts a wide
array of claims for violations of civil rights committed under
color of state law, violations of the Maryland Constitution,
malicious prosecution, violations of the Local Government Tort
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Claims Act, abuse of process, tortious interference with business
relationships, defamation, and injurious falsehood. On the
defendants' motions to dismiss, the district court granted the
motions with respect to various counts, by order dated July 19,
2002. With respect to the remaining counts, the district court
granted summary judgment by an oral opinion given on December 19,
2003, and a written order entered on December 22, 2003. From final
judgment in favor of the defendants, the plaintiffs filed this
appeal.
While this appeal was pending, we granted the motion of
counsel for the plaintiffs to withdraw from this case and directed
the plaintiffs "to notify the Court in writing of the name and
address of counsel representing them in this appeal on or before
September 17, 2004." We admonished plaintiffs that if they failed
to obtain new counsel, "the case [would] proceed pro se as to
appellant Barr . . . [and] be dismissed as to the corporations, .
. . since a corporation cannot proceed pro se on appeal." The
appellants failed to provide this court notice of new counsel, and
no counsel has entered an appearance on behalf of them.
Accordingly, as to the appellant corporations, we dismiss their
appeal. See Fourth Circuit Local Rule 46.
As to the appellant Barr, we have reviewed her
submissions and the record, and for the reasons given by the
district court in dismissing some of the counts, see Barr v. Prince
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George's County, Maryland, et al., Civil Action AW-02-346 (D. Md.
July 19, 2002), and the reasons given by the district court in
granting summary judgment for the remaining counts, see Barr v.
Prince George's County, Maryland, et al., Civil Action JFM-02-346
(D. Md. Dec. 19 and 22, 2003), we affirm.
DISMISSED IN PART AND AFFIRMED IN PART
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