Jean Destin v. American Home Mortgage

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999374691-2] in 14-1547, denying Motion to proceed in forma pauperis (FRAP 24) [999372500-2] in 14-1547, denying Motion to proceed in forma pauperis (FRAP 24) [999374694-2] in 14-1548, denying Motion to proceed in forma pauperis (FRAP 24) [999372535-2] in 14-1548 Originating case number: 3:14-cv-00332-REP Copies to all parties and the district court/agency. [999444855]. Mailed to: Charisse Destin & Jean Destin. [14-1547, 14-1548]

Appeal: 14-1547

Doc: 19

Filed: 09/29/2014

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1547

JEAN R. DESTIN; CHARISSE M. DESTIN,
Plaintiffs - Appellants,
v.
AMERICAN HOME MORTGAGE, Defunct; PNC BANK, N.A.,
Defendants - Appellees.

No. 14-1548

PNC BANK National Association, c/o Samuel I. White, PC,
Plaintiff - Appellee,
v.
JEAN R. DESTIN; CHARISSE M. DESTIN,
Defendants - Appellants.

Appeals from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:14-cv-00332-REP; 3:14-cv-00373-REP)

Submitted:

September 25, 2014

Decided:

September 29, 2014

Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Appeal: 14-1547

Doc: 19

Filed: 09/29/2014

Pg: 2 of 3

Dismissed by unpublished per curiam.

Charisse M. Destin, Jean R. Destin, Appellants Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 14-1547

Doc: 19

Filed: 09/29/2014

Pg: 3 of 3

PER CURIAM:
In Appeal No. 14-1547, Jean R. Destin and Charisse M.
Destin seek to appeal the district court’s orders denying their
motion for a temporary restraining order and warning that their
action would be dismissed in thirty days if they did not submit
a

pleading

setting

jurisdiction.

forth

a

valid

basis

for

subject

matter

This court may exercise jurisdiction only over

final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory
and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54546 (1949).

The orders the Destins seek to appeal are neither

final orders nor appealable interlocutory or collateral orders.
Accordingly,

we

deny

leave

to

proceed

in

forma

pauperis

and

dismiss this appeal for lack of jurisdiction.
In Appeal No. 14-1548, the Destins noted an appeal in
a civil action before the district court had entered any orders.
Because there is no appealable order for us to review, we deny
leave to proceed in forma pauperis and dismiss the appeal for
lack of jurisdiction.
We dispense with oral argument because the facts and
legal
before

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
DISMISSED
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