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UNPUBLISHED PER CURIAM OPINION filed.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
Doc: 26
Filed: 11/29/2016
Pg: 1 of 3
UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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.
2
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Filed: 11/29/2016
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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
3
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