LAW.coLAW.co

MEYERS v. DIRECTOR OF ACTION ALLIANCE VAPREA HOTLINE CENTER PREA SX1 SX1 SX1 SXI SXI VA 500 PREA VADOC PREA LT QMHP SXI IHO IHO (2021)

United States Court of Appeals, Fourth Circuit.2021-06-29No. No. 21-6672, No. 21-6675

Summary

Holding. The appeals are dismissed for lack of appellate jurisdiction because the district court's order was interlocutory and did not satisfy the requirements for appellate review under 28 U.S.C. § 1291 or § 1292.

David Meyers filed consolidated interlocutory appeals challenging a district court order that dismissed his motions without prejudice, except for his in forma pauperis applications. The appellate court examined whether it possessed jurisdiction to hear the appeals and determined it did not, since the district court had not yet resolved all claims in the underlying cases and no exception to the finality requirement applied.

Because appellate jurisdiction extends only to final decisions from district courts or to specified interlocutory and collateral orders, the court lacked authority to proceed. The court therefore dismissed the appeals and rendered Meyers' pending motions for fee waiver relief moot as a result of the dismissal.

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

Key issues

  • Appellate jurisdiction over interlocutory orders
  • Finality requirement for district court decisions
  • Exceptions to the final decision rule

Procedural posture

Meyers appealed a nonfinal district court order dismissing his motions in two consolidated cases to the appellate court.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

In these consolidated appeals, David Meyers has filed interlocutory appeals from the district courts nonfinal order. Accordingly, we dismiss the appeals for lack of jurisdiction.

Before considering an appeal, we must ensure we have jurisdiction. See Clark v. Cartledge, 829 F.3d 303, 305 (4th Cir. 2016) (recognizing our obligation to consider questions of jurisdiction sua sponte). We may exercise jurisdiction only over final decisions, 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, 545-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). “Generally, a district court order is not final until it has resolved all claims as to all parties.” Hunter v. Town of Mocksville, 789 F.3d 389, 402 (4th Cir. 2015) (internal quotation marks omitted).

Here, Meyers appeals the district courts order dismissing without prejudice all of Meyers’ motions in these two cases except for his motions for leave to proceed in forma pauperis. Because the court has yet to resolve all the claims and no exception applies, we lack jurisdiction.

Accordingly, we dismiss these appeals for lack of jurisdiction. We deny as moot Meyers’ motions for leave to proceed without prepayment of fees under the Prison Litigation Reform Act. 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.