Nicole McCrea v. Johns Hopkins Universitie

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999933907-2]; denying Motion for transcript at government expense [999931015-2]; denying Motion for abeyance (Local Rule 12(d)) [999922619-2] Originating case number: 1:15-cv-00579-JKB Copies to all parties and the district court/agency. [999976821]. Mailed to: Nicole Rena McCrea 5205 East Capitol Street SE Washington, DC 20019. [16-1954]

Appeal: 16-1954

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1954

NICOLE RENA MCCREA,
Plaintiff - Appellant,
v.
JOHNS HOPKINS UNIVERSITIES, Office of Institutional Equity
Vice
Provost
of
Institutional
Equity;
JOHNS
HOPKINS
UNIVERSITIES, Office of the Vice President and General
Counsel; DEXTER SMITH; EILEEN HAASE,
Defendants - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
James K. Bredar, District Judge.
(1:15-cv-00579-JKB)

Submitted:

November 22, 2016

Before DIAZ and
Circuit Judge.

THACKER,

Circuit

Decided:

Judges,

November 29, 2016

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Nicole Rena McCrea, Appellant Pro Se.
Elena D. Marcuss, Adam
Thomas Simons, MCGUIREWOODS, LLP, Baltimore, Maryland, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Nicole Rena McCrea seeks to appeal three of the magistrate
judge’s discovery orders and the district court’s order denying
her motion to certify an interlocutory appeal and for a stay
pending appeal in her civil rights action.
her

notice

of

appeal,

the

district

After McCrea filed

court

granted

summary

judgment for all Defendants and closed the case.
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).

When a notice of appeal is premature, the entry of

final

judgment

under

the

can

doctrine

cure
of

the

resulting

cumulative

jurisdictional

finality,

but

only

defect
if

the

appealed order could have been certified for intermediate appeal
under Fed. R. Civ. P. 54(b).

In re Bryson, 406 F.3d 284, 287-89

(4th Cir. 2005); Equip. Fin. Grp. v. Traverse Computer Brokers,
973 F.2d 345, 347 (4th Cir. 1992).
The orders McCrea seeks to appeal are neither final orders
nor

appealable

interlocutory

or

collateral

orders.

Further,

because the district court could not have certified these orders
for immediate appeal under Rule 54(b), the cumulative finality
doctrine cannot apply.

Accordingly, we deny leave to proceed in

forma pauperis and dismiss the appeal for lack of jurisdiction.
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We deny McCrea’s motion for transcript at government expense and
Defendants’ motion to place the case in abeyance.

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

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