Background
Lawrence Charles, proceeding pro se, sought to appeal a district court order that dismissed one claim and granted him leave to file a third amended complaint under Section nineteen eighty-three of Title forty-two. The appeal originated from the United States District Court for the Eastern District of Virginia.
The court’s reasoning
The court explained that its jurisdiction is limited to final orders under Section twelve ninety-one of Title twenty-eight and certain interlocutory or collateral orders under Section twelve ninety-two of Title twenty-eight. The order Charles sought to appeal did not meet these criteria. The court cited Cohen v. Beneficial Industrial Loan Corporation to support this limitation.
What it means going forward
The dismissal prevents the plaintiff from pursuing the appeal on the merits until a final judgment is entered or a specific interlocutory order is issued.