Michael Ellis v. Kanawha County Public Library

684 F. App'x 312

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 6, 2017
• Docket: 16-2244
• Status: Unpublished

Opinion

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael Ellis seeks to appeal the district court’s order partially granting the Appel-lee’s motion to dismiss Ellis’ 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), 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, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Ellis seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for lack of jurisdiction., We deny the Appel-lee’s motion for sanctions and a prefiling injunction because Ellis’ litigation does not warrant sanctions. See, e.g., Foley v. Fix, 106 F.3d 556, 558 (4th Cir. 1997) (sanctioning pro se litigant who filed 23 frivolous 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.

DISMISSED