GRANT v. WARD (2018)

The district court directed that Rhasahn L. Grant file an amended complaint and particularize his claims. After the district court dismissed the complaint for failure to comply with this order, the court discovered that Grant had filed an amended complaint, which had been docketed as a new case. The district court then reopened Grant’s initial action and directed that the complaint filed in Grant’s second action be filed as his amended complaint in the initial action. From that order, Grant noted this appeal.

This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Grant seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. 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.

DISMISSED

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.