Weber v. McGrogan, No. 16-4379 (3d Cir. 2019)
Annotate this CaseIn 2014, Weber sued, pro se, nearly 60 defendants, based on her dealings with New Jersey public officials during a child custody matter. When she filed her federal complaint, Weber was also appealing an adverse custody decision in the New Jersey Superior Court. That seemingly-related action caused the district court to consider the prudential limitations on subject-matter jurisdiction in the abstention doctrines. The court dismissed Weber’s complaint without prejudice, permitting her 30 days to amend. Weber filed a notice of appeal. The Third Circuit Clerk responded, advising Weber, warning of "possible dismissal due to a jurisdictional defect” because her complaint had been dismissed without prejudice. The letter enclosed a copy of 28 U.S.C. 1291, and stated that, “to be final, order of dismissal must be with prejudice; order dismissing without prejudice contemplates leave to amend and is not appealable unless plaintiff elects to stand on complaint.” Receiving no response from the district court, Weber withdrew her appeal. Defendants sought dismissal with prejudice. The district court made an electronic entry on the docket: “Civil Case Terminated." Weber filed a new notice of appeal. The Third Circuit dismissed for lack of a final order. The docket entry was a utility event; Weber cannot rely on the entry. Weber’s indecision does not show clear and unequivocal intent, so the “stand on the complaint” doctrine cannot rescue the lack of a final order. Weber’s case remains pending in the district court.
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