Background
Roger Alan Connell, proceeding pro se, appealed a district court order that directed him to prepare and deliver a corrected summons for service of his complaint. The district court also denied his motions for the appointment of an attorney to file documents and for an interpreter. Connell additionally filed motions to extend the statute of limitations and for a protective order.
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 and Federal Rule of Civil Procedure fifty-four. The order Connell sought to appeal was neither a final order nor an appealable interlocutory or collateral order. Consequently, the court dismissed the appeal for lack of jurisdiction.
What it means going forward
The dismissal prevents the appellate court from reviewing the merits of the underlying district court rulings on summons preparation and appointment of counsel. The pro se litigant must comply with the district court’s order or seek relief through other available procedural mechanisms.