Nicole McCrea v. Johns Hopkins Universitie
UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Nicole Rena McCrea 5205 East Capitol Street SE Washington, DC 20019. [16-1954]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
NICOLE RENA MCCREA,
Plaintiff - Appellant,
JOHNS HOPKINS UNIVERSITIES, Office of Institutional Equity
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.
November 22, 2016
Before DIAZ and
November 29, 2016
Dismissed by unpublished per curiam opinion.
Nicole Rena McCrea, Appellant Pro Se.
Elena D. Marcuss, Adam
Thomas Simons, MCGUIREWOODS, LLP, Baltimore, Maryland, for
Unpublished opinions are not binding precedent in this circuit.
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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.
After McCrea filed
judgment for all Defendants and closed the case.
orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54546 (1949).
When a notice of appeal is premature, the entry of
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
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.
with oral argument because the facts and legal contentions are
argument would not aid the decisional process.
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