Background
Theodore Jerry Bolick, proceeding without counsel, sought to appeal an order from the U.S. District Court for the District of South Carolina. The district court had accepted a magistrate judge’s recommendation and denied, among other things, Bolick’s motion for summary judgment.
Bolick attempted to appeal the portion of the district court’s order denying summary judgment before the litigation had produced an appealable final decision.
The Court’s Holding
In an unpublished per curiam opinion, the Fourth Circuit dismissed the appeal for lack of jurisdiction. The court explained that its jurisdiction extends to final orders under 28 U.S.C. § 1291 and to certain interlocutory and collateral orders under 28 U.S.C. § 1292, Federal Rule of Civil Procedure 54(b), and the collateral-order doctrine.
The portion of the order Bolick challenged was neither a final order nor an appealable interlocutory or collateral order. Because a denial of summary judgment generally cannot be appealed under § 1291, the court concluded that it lacked jurisdiction. It also determined that oral argument would not aid the decisional process.
Key Takeaways
- A denial of summary judgment generally is not immediately appealable under 28 U.S.C. § 1291.
- An appellant must identify a final decision or a recognized basis for interlocutory or collateral-order review.
- The Fourth Circuit dismissed Bolick’s appeal for lack of appellate jurisdiction without oral argument.
Why It Matters
The decision reinforces the final-judgment rule’s limits on piecemeal appeals. A party ordinarily must wait until the district court enters a final decision before seeking appellate review of a summary-judgment denial unless a specific exception permits immediate review.