Michael Ellis v. Kanawha County Public Library
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999974835-2]; denying Motion to impose sanctions [999975909-2]; granting Motion to dismiss appeal [999975900-2] Originating case number: 2:15-cv-05698 Copies to all parties and the district court/agency. . Mailed to: Michael Ellis 168 5th Street Dunbar, WV 25064. [16-2244]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Plaintiff - Appellant,
KANAWHA COUNTY PUBLIC LIBRARY,
Defendant - Appellee,
ALAN ENGLEBERT, Director,
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Thomas E. Johnston,
District Judge. (2:15-cv-05698)
March 30, 2017
April 6, 2017
Before DUNCAN, KEENAN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Ellis, Appellant Pro Se.
Craig W. Snethen, GORDON &
REES, Pittsburgh, Pennsylvania, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Michael Ellis seeks to appeal the district court’s order
complaint and referring the matter to a magistrate judge for
consideration of the remaining claim.
This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291 (2012),
§ 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
Loan Corp., 337 U.S. 541, 545-46 (1949).
interlocutory or collateral order.
The order Ellis seeks
Accordingly, we deny leave
to proceed in forma pauperis and dismiss the appeal for lack of
We deny the Appellee’s motion for sanctions and a
prefiling injunction because Ellis’ litigation does not warrant
See, e.g., Foley v. Fix, 106 F.3d 556, 558 (4th Cir.
appeals in just over one year); Autry v. Woods, 106 F.3d 61, 63
(4th Cir. 1997) (sanctioning pro se litigant who filed more than
a dozen actions in which he threatened, harassed, or demeaned
women in the criminal justice system).
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.
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