Wilson Ochar v. Mortgage Investors Group

U.S. Court of Appeals for the Fourth Circuit

Wilson Ochar v. Mortgage Investors Group

Opinion

USCA4 Appeal: 24-1637 Doc: 50 Filed: 09/23/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1637

WILSON OCHAR,

Plaintiff - Appellant,

v.

MORTGAGE INVESTORS GROUP,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:24-cv-00928-CMH-WBP)

Submitted: September 19, 2024 Decided: September 23, 2024

Before NIEMEYER, RICHARDSON, and HEYTENS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Wilson Ochar, Appellant Pro Se. John Bell Williams, III, ORRICK, HERRINGTON & SUTCLIFFE, LLP, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-1637 Doc: 50 Filed: 09/23/2024 Pg: 2 of 2

PER CURIAM:

Wilson Ochar seeks to appeal the district court’s order dismissing his civil action

without prejudice and permitting him 21 days to file an amended complaint. 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 Ochar seeks to appeal is neither a

final order nor an appealable interlocutory or collateral order. Britt v. DeJoy,

45 F.4th 790, 796

(4th Cir. 2022) (en banc) (“When a district court grants a plaintiff leave to amend but

[]he chooses not to do so,” the court’s decision is “not . . . final and, thus, not appealable.”).

Accordingly, we dismiss the appeal for lack of jurisdiction. In addition, we deny

each of Ochar’s pending motions. 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Unpublished