Facts
- C.K. (Mother) appeals the termination of her parental rights regarding her minor child, M.P., and the decision to place M.P. in the permanent custody of Summit County Children Services Board (CSB) [lines=“14-15”].
- M.P. was born on August 18, 2020, and his father is deceased; Mother has two other minor children involved in previous court proceedings [lines=“18-22”].
- In December 2022, while babysitting another child, that child died initially believed to be an accident caused by Mother, but was later revealed to be from a fentanyl overdose, leading to M.P.’s removal [lines=“23-28”].
- Mother tested positive for fentanyl in January 2023 and was charged with felony child endangering and involuntary manslaughter, resulting in her incarceration [lines=“30-36”].
- Despite having video visits with M.P., Mother failed to make progress on the case plan due to her continued incarceration [lines=“39-40”].
Issues
- Whether the trial court erred in concluding that M.P. cannot be returned to Mother’s custody due to her failure to remedy the conditions leading to the child’s removal [lines=“99”].
- Whether the trial court's citation to R.C. 2151.414(E)(10) represented a prejudicial error affecting the outcome of the custody determination [lines=“109-119”].
Holdings
- The court upheld the trial court's conclusion that M.P. could not be returned to Mother’s custody as she did not remedy the conditions under R.C. 2151.414(E)(1) [lines=“68”].
- The reference to R.C. 2151.414(E)(10) was deemed a typographical error and did not constitute prejudicial error, as the court made the required findings under R.C. 2151.414 without establishing abandonment [lines=“123-125”].
OPINION
*1 Before QUATTLEBAUM, RUSHING, and BENJAMIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Curtis Sterling Murdock, III, Appellant Pro Se. Alexandra Harrington Austin, MAYNARD NEXSEN PC, Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. *2 USCA4 Appeal: 24-1825 Doc: 27 Filed: 11/21/2024 Pg: 2 of 2
PER CURIAM:
Curtis Sterling Murdock, III, seeks to appeal the magistrate judge’s recommendation to grant Defendants’ motion to dismiss Murdock’s amended civil complaint. 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 Murdock seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Therefore, while we grant Murdock’s motion to amend his filings on appeal, 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
2