IN RE: DISTRICT CLERKS OFFICE OPERATIONS (2021)

United States Court of Appeals, Fourth Circuit.2021-08-30No. No. 21-1735

Summary · law.co

Holding. The appeal is dismissed for lack of jurisdiction because a magistrate judge's report and recommendation denying injunctive relief is neither a final order nor an appealable interlocutory or collateral order under 28 U.S.C. §§ 1291–1292.

Marie Therese Assaad-Faltas appealed a magistrate judge's recommendation to deny her request for a temporary restraining order or preliminary injunction. The court examined its authority to hear the appeal under federal statute and rules of civil procedure, which limit appellate jurisdiction to final orders and certain types of interlocutory or collateral orders. The magistrate judge's recommendation fell into neither category and therefore could not be appealed at that stage of the proceedings.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Appellate jurisdiction over magistrate judge recommendations
Finality requirement for appealable orders
Interlocutory and collateral order doctrine

Procedural posture

Assaad-Faltas appealed a magistrate judge's recommendation to deny her motion for temporary restraining order or preliminary injunction.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Marie Therese Assaad-Faltas seeks to appeal the magistrate judges recommendation to deny Assaad-Faltas’ motion for a temporary restraining order or for a preliminary injunction. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; 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 magistrate judges report and recommendation is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We deny as moot Assaad-Faltas’ motions for injunctive relief pending appeal, to expedite decision, and to accelerate case processing. 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Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.