Faline Arnold v. Huntington Ingalls Incorporated

U.S. Court of Appeals for the Fourth Circuit

Faline Arnold v. Huntington Ingalls Incorporated

Opinion

USCA4 Appeal: 23-1779 Doc: 8 Filed: 11/21/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1779

FALINE ARNOLD,

Plaintiff - Appellant,

v.

HUNTINGTON INGALLS INCORPORATED,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Senior District Judge. (2:22-cv-00384-RBS-DEM)

Submitted: November 16, 2023 Decided: November 21, 2023

Before AGEE and RICHARDSON, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Faline Arnold, Appellant Pro Se. Sharon Kerk Reyes, KAUFMAN & CANOLES, PC, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1779 Doc: 8 Filed: 11/21/2023 Pg: 2 of 2

PER CURIAM:

Faline Arnold seeks to appeal the district court’s order granting her motion for an

extension of time in which to file an amended complaint, as well as her motion to file an

amended complaint, but denying Arnold’s motion for appointment of counsel. 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). The order Arnold seeks to appeal is neither a

final order nor an appealable interlocutory or collateral order. See Miller v. Simmons,

814 F.2d 962, 964

(4th Cir. 1987) (“Orders denying motions for appointment of counsel are

not, prior to final disposition of the case in the district court, ‘final decisions’ of district

courts as contemplated by

28 U.S.C. § 1291

[and] . . . are not within the parameters of the

narrow exception to § 1291, articulated in Cohen.”). Accordingly, we dismiss the appeal

for lack of jurisdiction. 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

2

Reference

Status
Unpublished