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Newell v. Newby

United States Court of Appeals, Fourth Circuit
Dec 27, 2022
No. 22-6766 (4th Cir. Dec. 27, 2022)

Opinion

22-6766

12-27-2022

JONATHAN JAMES NEWELL, Plaintiff - Appellant, v. PAUL NEWBY, Chief Justice, North Carolina Supreme Court; LINDA MCGEE, Chief Judge, North Carolina Court of Appeals; MARION WARREN, Director, Administrative Office of the Courts; DANIEL M. HORNE, JR., Clerk of Court, North Carolina Court of Appeals, Defendants - Appellees.

Jonathan James Newell, Appellant Pro Se.


UNPUBLISHED

Submitted: December 20, 2022

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:22-ct-03091-D)

Jonathan James Newell, Appellant Pro Se.

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

Dismissed and remanded by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Jonathan James Newell seeks to appeal the district court's order dismissing his 42 U.S.C. § 1983 complaint for failure to state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). 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). "Ordinarily, a district court order is not final until it has resolved all claims as to all parties." Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015) (internal quotation marks omitted).

Our review of the record reveals that the district court did not adjudicate all of the claims raised in the complaint. Id. at 696-97. Specifically, the district court did not address Newell's claim that he was not provided proper notice to pay the fee for certified copies prior to the rejection of his state appeal. We conclude that the order Newell seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction and remand to the district court for consideration of the unresolved claim. Id. at 699.

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 AND REMANDED.


Summaries of

Newell v. Newby

United States Court of Appeals, Fourth Circuit
Dec 27, 2022
No. 22-6766 (4th Cir. Dec. 27, 2022)
Case details for

Newell v. Newby

Case Details

Full title:JONATHAN JAMES NEWELL, Plaintiff - Appellant, v. PAUL NEWBY, Chief…

Court:United States Court of Appeals, Fourth Circuit

Date published: Dec 27, 2022

Citations

No. 22-6766 (4th Cir. Dec. 27, 2022)

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