Wilson Ochar v. Apple Federal Credit Union

U.S. Court of Appeals for the Fourth Circuit

Wilson Ochar v. Apple Federal Credit Union

Opinion

USCA4 Appeal: 24-1649 Doc: 43 Filed: 09/24/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1649

WILSON OCHAR,

Plaintiff - Appellant,

v.

APPLE FEDERAL CREDIT UNION,

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-00757-CMH-WBP)

Submitted: September 19, 2024 Decided: September 24, 2024

Before NIEMEYER, RICHARDSON, and HEYTENS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Wilson Ochar, Appellant Pro Se. Kristin A. Zech, BERENZWEIG LEONARD, LLP, McLean, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-1649 Doc: 43 Filed: 09/24/2024 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. Appellee

moves to dismiss the appeal for lack of jurisdiction.

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 grant Appellee’s motion and 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Unpublished