My’ka El v. R. Preston, Jr.; M. Wilde; Charlotte Mecklenburg Police Department

24-1548Court of Appeals for the Fourth CircuitOct 15, 2024

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-1548
MY’KA EL,
Plaintiff - Appellant,
v.
R. PRESTON, JR.; M. WILDE; CHARLOTTE MECKLENBURG POLICE
DEPARTMENT,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Kenneth D. Bell, District Judge. (3:19-cv-00090-KDB-SCR)
Submitted: September 30, 2024 Decided: October 15, 2024
Before WILKINSON and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
My’Ka El, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
My’Ka El seeks to appeal the district court’s order affirming the magistrate judge’s
denial of El’s motion for joinder, discovery, and appointment of a mediator. This court
may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory
and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
Loan Corp., 337 U.S. 541, 545-46 (1949). The order El seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.* Accordingly, we dismiss the
appeal for lack of jurisdiction. 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
* Although the district court issued its final judgment before we considered this
appeal, the doctrine of cumulative finality does not cure the jurisdictional defect. See
Houck v. LifeStore Bank, 41 F.4th 266, 271 (4th Cir. 2022) (explaining cumulative finality
applies only when district court could have certified order for immediate appeal under Fed.
R. Civ. P. 54(b)).

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