Background
Mark Marvin, proceeding pro se, filed a notice in the United States District Court for the District of Maryland that the court construed as an unauthorized amicus brief. Marvin sought to appeal the district court’s order returning his notice without docketing it. The district court advised Marvin that he had not sought leave to file an amicus brief nor had he moved to intervene.
The court’s reasoning
The court explained that it may exercise jurisdiction only over final orders under Section twelve ninety-one of Title twenty-eight of the United States Code, and certain interlocutory and collateral orders under Section twelve ninety-two of Title twenty-eight of the United States Code. The order Marvin seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Consequently, the court lacks jurisdiction to hear the appeal.
What it means going forward
The decision reinforces that individuals who are not parties to a lawsuit cannot bypass procedural requirements to appeal district court orders, ensuring that only proper parties or those with granted leave can participate in appellate review.
Podcast (federal-narrative-summaries): Play in new window | Download