Tomas Kurtz-Schumacher v. Unknown
Tomas Kurtz-Schumacher v. Unknown
Opinion
USCA4 Appeal: 24-6762 Doc: 10 Filed: 12/27/2024 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 24-6762
TOMAS KURTZ-SCHUMACHER, a/k/a Thomas Kurtz,
Plaintiff - Appellant,
v.
UNKNOWN,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jamar Kentrell Walker, District Judge. (2:24-cv-00030-JKW-DEM)
Submitted: December 19, 2024 Decided: December 27, 2024
Before KING and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed in part and dismissed in part by unpublished per curiam opinion.
Tomas Kurtz-Schumacher, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6762 Doc: 10 Filed: 12/27/2024 Pg: 2 of 3
PER CURIAM:
Tomas Kurtz-Schumacher seeks to appeal the district court’s order denying his
motion for leave to proceed in forma pauperis and denying without prejudice his motion to
appoint 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, 545-47(1949). The part of
the order denying appointment of counsel is neither a final order nor an appealable
interlocutory or collateral order. Accordingly, we dismiss this part of the appeal for lack
of jurisdiction.
Additionally, although the district court’s denial of leave to proceed in forma
pauperis is an appealable order over which we have jurisdiction, see Roberts v. U.S. Dist.
Ct.,
339 U.S. 844, 845(1950), Kurtz-Schumacher has forfeited appellate review by failing
to challenge on appeal the district court’s conclusion that he has adequate funds to pay the
requisite filing fees. See 4th Cir. R. 34(b); Jackson v. Lightsey,
775 F.3d 170, 177(4th Cir.
2014) (“The informal brief is an important document; under Fourth Circuit rules, our
review is limited to issues preserved in that brief.”). Accordingly, we affirm this part of
the district court’s judgment. Kurtz-Schumacher v. Unknown, No. 2:24-cv-00030-JKW-
DEM (E.D. Va. July 18, 2024).
2 USCA4 Appeal: 24-6762 Doc: 10 Filed: 12/27/2024 Pg: 3 of 3
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.
AFFIRMED IN PART, DISMISSED IN PART
3
Reference
- Status
- Unpublished