Background
Robert Walker, proceeding pro se, appealed various rulings related to a magistrate judge’s jurisdiction and the district court clerk’s refusal to enter a default against U.S. Bank National Association. U.S. Bank moved to dismiss the appeal, arguing the orders were interlocutory and not certified for immediate review.
The court’s reasoning
The court found it lacked jurisdiction because the challenged rulings did not end the litigation on the merits. The operative complaint and Walker’s counterclaims and crossclaims remained pending before the district court. The court also determined the rulings did not qualify under the collateral order doctrine as they were not effectively unreviewable on appeal from a final order. Furthermore, the district court had not certified any rulings for immediate appellate review under Section twelve ninety-two of title twenty-eight of the United States Code.
What it means going forward
The appeal is dismissed, leaving the district court proceedings to continue without appellate intervention at this stage.
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