Marcia Leola Munoz-Sims v. Derek Schroeder, Branch Manager, OneMain Financial

United States Court of Appeals
For the Eighth Circuit
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No. 25-2656
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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
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Appeal from United States District Court
for the District of Minnesota
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Submitted: June 25, 2026
Filed: June 30, 2026
[Unpublished]
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Before LOKEN, KELLY, and KOBES, Circuit Judges.
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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.
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1The Honorable Shannon G. Elkins, United States Magistrate Judge for the
District of Minnesota.
2The Honorable John R. Tunheim, United States District Judge for the District
of Minnesota.
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