Background
Olee Wonzo Robinson filed a motion for reconsideration in the United States District Court for the District of North Carolina. The district court granted the motion in part, vacated its previous dismissal order, and reopened Robinson’s case. Robinson then sought to appeal this order to the Fourth Circuit.
The court’s reasoning
The court explained that it may exercise jurisdiction only over final orders under Section twelve hundred and ninety-one of Title twenty-eight of the United States Code, or certain interlocutory and collateral orders under Section twelve hundred and ninety-two. The order Robinson sought to appeal was neither a final order nor an appealable interlocutory or collateral order. Consequently, the court denied Robinson’s motion to appoint counsel and dismissed the appeal for lack of jurisdiction.
What it means going forward
The dismissal prevents Robinson from pursuing further appellate review of the district court’s order reopening his case until a final order is entered.