Background
Timothy Fussell, proceeding pro se, sought to appeal a district court order granting in part the plaintiffs’ motion for default judgment and entering a partial default judgment against him. Fussell also appealed the district court’s order denying his motion to alter or amend the judgment.
The court’s reasoning
The court explained that it may exercise jurisdiction only over final orders under Section one thousand two hundred ninety-one of Title twenty-eight of the United States Code, and certain interlocutory and collateral orders under Section one thousand two hundred ninety-two of Title twenty-eight and Federal Rule of Civil Procedure fifty-four. The orders Fussell sought to appeal did not meet these criteria. Accordingly, 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 default judgment or the denial of the motion to alter or amend, leaving the district court’s orders in place.