Marcia Munoz-Sims v. Derek Schroeder

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 25-2656 ___________________________

Marcia Leola Munoz-Sims

lllllllllllllllllllllPlaintiff - Appellant

v.

Derek Schroeder, Branch Manager, OneMain Financial; OneMain Financial, LLC; OneMain Financial Solutions; Triton Insurance Company, also known as The Company

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: June 25, 2026 Filed: June 30, 2026 [Unpublished] ____________

Before LOKEN, KELLY, and KOBES, Circuit Judges. ____________ PER CURIAM.

Marcia Munoz-Sims appeals the magistrate judge’s1 order consolidating her removed pro se actions, and the district court’s2 order staying the actions pending arbitration and denying her motion to amend her complaints. We dismiss the appeal for lack of jurisdiction. Munoz-Sims cannot maintain an interlocutory appeal of the non-final order consolidating her actions, nor was her appeal of that order timely. See 28 U.S.C. § 1291 (courts of appeals have jurisdiction over final decisions of federal district courts); Fed. R. App. P. 4(a)(1)(A) (notice of appeal must be filed within 30 days of entry of judgment or order being appealed). Munoz-Sims also cannot obtain interlocutory review of the non-final order compelling arbitration and staying the actions. See 9 U.S.C. § 16(b)(1) (appeal may not be taken from interlocutory order granting stay of action pending arbitration); Webb v. Farmers of N. Am., Inc., 925 F.3d 966, 969-70 (8th Cir. 2019) (district court’s decision staying case pending arbitration, but not dismissing claims, is not appealable final decision, and is not immediately appealable under collateral-order doctrine).

We decline to treat Munoz-Sims’s jurisdictionally defective appeal as a petition for a writ of mandamus. See Auer v. Trans Union, LLC, 834 F.3d 933, 936 (8th Cir. 2016). Finally, we deny appellees’ motion to strike Munoz-Sims’s reply brief, and deny as moot Munoz-Sims’s motion for leave to file an overlength Federal Rule of Appellate Procedure 28(j) letter. ______________________________

1 The Honorable Shannon G. Elkins, United States Magistrate Judge for the District of Minnesota. 2 The Honorable John R. Tunheim, United States District Judge for the District of Minnesota.

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