Wanda Allen v. City of Raleigh Police Department

U.S. Court of Appeals for the Fourth Circuit

Wanda Allen v. City of Raleigh Police Department

Opinion

USCA4 Appeal: 22-1361 Doc: 31 Filed: 12/22/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1361

WANDA M. ALLEN,

Plaintiff - Appellant,

v.

CITY OF RALEIGH POLICE DEPARTMENT; CAPTAIN MURR,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Richard E. Myers, II, Chief District Judge. (5:21-cv-00471-M)

Submitted: December 20, 2022 Decided: December 22, 2022

Before NIEMEYER and QUATTLEBAUM Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Wanda M. Allen, Appellant Pro Se. Christopher Jordan Simmons, CITY ATTORNEY’S OFFICE, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1361 Doc: 31 Filed: 12/22/2022 Pg: 2 of 2

PER CURIAM:

Wanda M. Allen has filed two notices of appeal in her pending civil action. This

court may exercise jurisdiction only over final orders,

28 U.S.C. § 1291

, and certain

interlocutory and collateral orders,

28 U.S.C. § 1292

; Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp.,

337 U.S. 541, 545-46

(1949). Allen fails to identify the

order from which she seeks to appeal. ∗ See Fed. R. App. P. 3(c)(1)(B) (“The notice of

appeal must . . . designate the judgment—or the appealable order—from which the appeal

is taken.”). Moreover, the district court has not yet entered any final or immediately

appealable interlocutory or collateral order in Allen’s civil case. Accordingly, we dismiss

the appeal for lack of jurisdiction. We deny Allen’s motions for appointment of counsel

and to transfer the appeal. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before this court and argument would

not aid the decisional process.

DISMISSED

∗ Insofar as Allen’s informal brief could be liberally construed as seeking to appeal the district court’s January 10, 2022, order granting Defendants’ motion for extension of time to answer or otherwise plead in response to Allen’s complaint, that order is not a final order or an immediately appealable interlocutory or collateral order.

2

Reference

Status
Unpublished