The United States Court of Appeals for the Second Circuit dismissed an appeal without prejudice

Plaintiff-Appellant Alexis Marquez, an attorney proceeding pro se, alleged that an Acting New York State Supreme Court Justice harassed her and subjected her to inappropriate behavior during her service as his court attorney. When she reported the misconduct, court officers allegedly defamed her and retaliated against her. On appeal, Marquez challenges two interlocutory rulings that dismissed the complaint as to one defendant and denied reconsideration. The
district court, however, entered a final judgment of dismissal as a sanction for Marquez’s failure to comply with discovery orders. Marquez does not challenge the sanction dismissal in this appeal.

We lack jurisdiction to consider Marquez’s challenge to the interlocutory orders because it is not an appeal from a “final decision[] of the district court[].” 28 U.S.C. § 1291. The merger rule, pursuant to which an interlocutory order merges into the final judgment, does not apply when a district court enters a final judgment of dismissal as a sanction. If Marquez succeeds in challenging the sanction dismissal and restoring the proceedings in the district court, then she will be able to challenge the interlocutory orders as part of any appeal from a final judgment on the merits. At this stage, however, we dismiss the appeal without prejudice for lack of jurisdiction.