OSEI v. UNIVERSITY OF MARYLAND UNIVERSITY COLLEGE UMUC UMUC (2020)

Michael Osei filed a complaint against the University of Maryland University College (UMUC), its financial aid office, and several UMUC employees. The district court dismissed the complaint for failure to state a claim without addressing Osei's request for leave to amend his complaint. We vacated the court's dismissal order and remanded to allow the court to decide whether leave to amend should be granted. The court denied Osei's motion for leave to amend with prejudice, and Osei seeks to appeal that order.

This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2018), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2018); 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). Although the district court has denied Osei leave to amend with prejudice, our prior vacatur of the dismissal order means that the original complaint and Defendants’ motions to dismiss for failure to state a claim are still pending.

Because the order Osei seeks to appeal is neither a final order nor an appealable interlocutory or collateral order, we dismiss the appeal for lack of jurisdiction. We deny Osei's motion to assign the appeal to the prior panel. 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Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.