Momolu V.S. SIRLEAF, Jr., Plaintiff - Appellant, v. Correctional Officer SCOTT, in his individual and official capacity, Defendant - Appellee.
Decided: September 19, 2019
Before GREGORY, Chief Judge, NIEMEYER, Circuit Judge, and SHEDD, Senior Circuit Judge.
Momolu V.S. Sirleaf, Appellant Pro Se.
Momolu V.S. Sirleaf seeks to appeal the district court's orders dismissing his civil action without prejudice and denying reconsideration. We 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 orders that Sirleaf seeks to appeal are neither final orders nor appealable interlocutory or collateral orders. See Goode v. Cent. Va. Legal Aid Soc'y, 807 F.3d 619, 629-30 (4th Cir. 2015). Accordingly, we dismiss the appeal for lack of jurisdiction and remand the case to the district court with instructions to give Sirleaf another opportunity to either pay the initial filing fee or state under penalty of perjury that he does not have sufficient assets to pay such a fee. 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 AND REMANDED
Dismissed and remanded by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.