Brittany Flute v. Kristi Johnson-Ford

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 2, 2023
• Docket: 23-1560
• Status: Unpublished

Opinion

USCA4 Appeal: 23-1560 Doc: 5 Filed: 11/02/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1560

BRITTANY FLUTE,

Plaintiff - Appellant,

v.

KRISTI JOHNSON-FORD, HR Manager; ADRIENE SCHIFRIEN, MLS Manager; KAREN BRESSLER, Client Service Supervisor; MELVIN CAUTHEN, Manager III, STD, HIV Services; KIMBERLY TOWNSEND, Head of Dennis AVE,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah Lynn Boardman, District Judge. (8:22-cv-03344-DLB)

Submitted: October 31, 2023 Decided: November 2, 2023

Before HARRIS and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Brittany Flute, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1560 Doc: 5 Filed: 11/02/2023 Pg: 2 of 2

PER CURIAM:

Brittany Flute seeks to appeal the district court’s February 24, 2023, order

dismissing without prejudice her employment discrimination complaint for failure to

comply with the court’s prior order directing her to amend the complaint. However, after

Flute noted her appeal, the district court reopened her case and expressly rescinded its

February 24 order. The court subsequently entered a final order, but Flute did not file a

new notice of appeal. As such, there is no district court order presently before this court

for review. Accordingly, we dismiss the appeal for lack of jurisdiction. See United

States v. Doe, 962 F.3d 139, 143 (4th Cir. 2020) (noting that “we have jurisdiction only

over final orders and certain interlocutory and collateral orders”). 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