Christopher Baylor v. The Florida Klu Klux Klan for the Traditionalist Americans, et al

23-13250Court of Appeals for the Eleventh CircuitJan 16, 2024

Full text

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13250
Non-Argument Calendar
____________________
CHRISTOPHER BAYLOR,
Plaintiff-Appellant,
versus
THE FLORIDA KLU KLUX KLAN FOR THE
TRADITIONALIST AMERICANS,
United Northern and Southern Chapter,
and Ladies of the Invisible Empire,
CHARLES T. CANADY,
RICKY POLSTON,
JAMIE GROSSHANS,
JORGE LABARGA, et al.,
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2 Opinion of the Court 23-13250
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 6:23-cv-00748-CEM-EJK
____________________
Before J ILL PRYOR , NEWSOM, and L UCK , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Christopher Baylor appeals from the district court’s “implicit
denial” of his motion for injunctive relief and his petition to dis-
qualify the district judge. He further purports to appeal any earlier
judgments, opinions, rulings, or orders subsumed within that im-
plicit denial.
We lack jurisdiction to review an implicit or expected order.
Bogle v. Orange Cnty. Bd. of Cnty. Comm’rs, 162 F.3d 653, 661 (11th
Cir. 1998) (holding that a notice of appeal must designate an al-
ready existing order and not one that is merely expected to be en-
tered in the future). The district court has not entered an order on
Baylor’s motion for injunctive relief or his petition to disqualify.
The only orders it entered before Baylor appealed were initial or-
ders regarding discovery motions and case deadlines and an order
striking Baylor’s initial disclosure statement. Those rulings cannot
be subsumed within a non-existent order and are not immediately
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23-13250 Opinion of the Court 3
appealable under the collateral order doctrine. See Plaintiff A v.
Schair, 744 F.3d 1247, 1252-53 (11th Cir. 2014) (stating that an order
is immediately appealable under the collateral order doctrine if it
conclusively determines a disputed question and is effectively un-
reviewable on appeal from a final judgment).
No petition for rehearing may be filed unless it complies
with the timing and other requirements of 11th Cir. R. 40-3 and all
other applicable rules.
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