Momolu Sirleaf v. David Robinson

639 F. App'x 197

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 5, 2016
• Docket: 15-7834
• Status: Unpublished

Opinion

Dismissed and remanded by unpublished PER CURIAM opinion.

Únpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Momolu Sirleaf seeks to appeal the district court’s order dismissing his action without prejudice for failing to pay an initial partial filing fee of $5.70. On appeal, Sirleaf has provided evidence that he did make the payment. Moreover, it appears that a payment of $5.70 was received by the district court and credited in another case. See Sirleaf v. Wall, No. 3:15-cv-00338-MHL-RCY (E.D. Va. Sept. 22, 2015 entry).

This court may exercise jurisdiction only over final orders of the district court, 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 Sirleaf seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Goode v. Central Va. Legal Aid, 807 F.3d 619, 623 (4th Cir.2015). Accordingly, we dismiss the appeal for lack of jurisdiction and remand the case to the district court with instructions to give Sirleaf an opportunity to reinstate his case. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and ar gument would not aid the decisional process.

DISMISSED AND REMANDED.