Ronald Keith Sutherland, Jr. v. John Sapper; Ashley Hughes; Jason W. Cohoon; Sean Dillard; Kimberly D. Grande; Larry Dail
July 9, 2026·25-6560·Per Curiam·By Aisha Johnson
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a pro se prisoner challenging a district court order. The court held that the order appealed was neither a final order nor an appealable interlocutory or collateral order.
Ronald Keith Sutherland, Jr., proceeding pro se, sought to appeal a district court order that denied his motion for a writ of mandamus and partially granted and partially denied the defendants’ motion to dismiss. The appeal originated from the United States District Court for the Eastern District of North Carolina.
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, and certain interlocutory and collateral orders under Section twelve hundred and ninety-two of Title twenty-eight of the United States Code and Federal Rule of Civil Procedure fifty-four. The court found that the order Sutherland sought to appeal was neither a final order nor an appealable interlocutory or collateral order.
What it means going forward
The dismissal prevents the appellate court from reviewing the merits of the underlying district court decision, leaving the district court’s order in place.