May v. Doe

The Pennsylvania Commonwealth Court quashed a pro se appeal from the trial court’s order sustaining the Pennsylvania Department of Corrections’ (DOC) Preliminary Objections. May filed a grievance with the DOC, seeking delivery of five books or reimbursement. After the DOC denied the grievance and appeal, May filed his Complaint in the trial court seeking an injunction directing DOC to locate and deliver his property, or in the alternative, $25.28 in compensatory damages and costs. DOC filed the POs in the nature of a demurrer, wherein it alleged that the Complaint should be dismissed because it was legally insufficient. The trial court sustained the POs, dismissed the Complaint, and permitted May to file an amended complaint within 30 days. Instead of filing an amended complaint, May appealed to the Commonwealth Court, which quashed the appeal. The Court ruled that the trial court’s order was interlocutory and, therefore, not appealable.

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