Evans v. Commissioner of Social Security Administration

Fourth Circuit

Evans v. Commissioner of Social Security Administration

694 F. App'x 135

Procedural entryThis page is a short order in Evans v. Commissioner of Social Security Administration. Read the opinion of the Court — 670 F. App'x 156 →

Court of Appeals for the Fourth Circuit·Decided July 31, 2017·No. 17-1298·Unpublished

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Reginald D. Evans appeals the district court’s order dismissing without prejudice his claims against the Social Security Administration (“SSA”) but granting leave to amend his complaint to add a claim under the Employee Retirement Income Security Act against Exel, Inc. After the district court filed its order, the court accepted Evans’ amended complaint. “[W]e have an independent obligation to verify the existence of appellate jurisdiction” and may exercise jurisdiction only over final orders and certain interlocutory and collateral orders. Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015) (internal quotation marks omitted); see 28 U.S.C. §§ 1291, 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). “Ordinarily, a district court order is not final until it has resolved all claims as to all parties.” Porter, 803 F.3d at 696 (internal quotation *136 marks omitted). “Regardless of the label given a district court decision, if it appears from the record that the district court has not adjudicated all of the issues in a case, then there is no final order.” Id.

Although the district court dismissed all claims against the SSA, it allowed Evans to amend his complaint to add a new claim against a new defendant, and the record reflects that Evans did in fact file such an amended complaint. Because Evans still has a viable claim in this ongoing matter, the district court did not issue “a final decision,” and we lack jurisdiction over Evans’ appeal. Id. at 699.

Accordingly, we dismiss the appeal for lack of jurisdiction and remand to the district court. We express no view on the ultimate disposition of Evans’ remaining claim. 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 AND REMANDED

Free access — add to your briefcase to read the full text and ask questions with AI

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Reginald D. Evans appeals the district court’s order dismissing without prejudice his claims against the Social Security Administration (“SSA”) but granting leave to amend his complaint to add a claim under the Employee Retirement Income Security Act against Exel, Inc. After the district court filed its order, the court accepted Evans’ amended complaint. “[W]e have an independent obligation to verify the existence of appellate jurisdiction” and may exercise jurisdiction only over final orders and certain interlocutory and collateral orders. Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015) (internal quotation marks omitted); see 28 U.S.C. §§ 1291, 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). “Ordinarily, a district court order is not final until it has resolved all claims as to all parties.” Porter, 803 F.3d at 696 (internal quotation *136 marks omitted). “Regardless of the label given a district court decision, if it appears from the record that the district court has not adjudicated all of the issues in a case, then there is no final order.” Id.

Although the district court dismissed all claims against the SSA, it allowed Evans to amend his complaint to add a new claim against a new defendant, and the record reflects that Evans did in fact file such an amended complaint. Because Evans still has a viable claim in this ongoing matter, the district court did not issue “a final decision,” and we lack jurisdiction over Evans’ appeal. Id. at 699.

Accordingly, we dismiss the appeal for lack of jurisdiction and remand to the district court. We express no view on the ultimate disposition of Evans’ remaining claim. 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 AND REMANDED

Evans v. Commissioner of Social Security Administration, 694 F. App'x 135 (4th Cir. 2017).

Pincite

694 F. App'x 135 (Evans v. Commissioner of Social Security Administration) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related