Background
Joe L. Adams, Jr., proceeding pro se, appealed a district court order denying his motion to reassign the underlying action to different judges. The appeal originated from the United States District Court for the District of South Carolina.
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 Adams sought to appeal was neither a final order nor an appealable interlocutory or collateral order. The court cited In re Virginia Electric and Power Company to note that a district judge’s denial of a motion to disqualify is not a final and appealable order.
What it means going forward
The dismissal prevents the appellate court from reviewing the district court’s decision on reassignment, leaving the original district court’s order in place.