Mark T. Stinson v. John P. Yates, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-14178
Non-Argument Calendar
____________________
MARK T. STINSON,
Plaintiff-Appellant,
versus
JOHN P. YATES,
Warden,
BLAIR,
Camp Unit Manager,
RANDLE,
Lt.,
RENDON,
Camp Counsel,
CRAWFORD,
USCA11 Case: 23-14178 Document: 18-1 Date Filed: 03/12/2024 Page: 1 of 3

-- 1 of 3 --

2 Opinion of the Court 23-14178
Officer,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:23-cv-24750-RAR
____________________
Before NEWSOM, LAGOA, and ABUDU, Circuit Judges.
PER CURIAM:
Mark Stinson appeals from the district court’s order trans-
ferring his case to the Eastern District of Arkansas, but that order is
not appealable. See 28 U.S.C. § 1406(a) (providing that a district
court may transfer a case if venue is lacking in the district court in
which the case was filed); Stelly v. Emps. Nat’l Ins. Co., 431 F.2d 1251,
1253 (5th Cir. 1970) (holding that an order transferring a case under
28 U.S.C. § 1406(a) is interlocutory and non-appealable); Middle-
brooks v. Smith, 735 F.2d 431, 433 (11th Cir. 1984) (explaining that a
transfer order is not immediately appealable under the collateral
order doctrine).
Accordingly, this appeal is DISMISSED, sua sponte, for lack
of jurisdiction. All pending motions are DENIED as moot. No pe-
tition for rehearing may be filed unless it complies with the timing
USCA11 Case: 23-14178 Document: 18-1 Date Filed: 03/12/2024 Page: 2 of 3

-- 2 of 3 --

23-14178 Opinion of the Court 3
and other requirements of 11th Cir. R. 40-3 and all other applicable
rules.
USCA11 Case: 23-14178 Document: 18-1 Date Filed: 03/12/2024 Page: 3 of 3

-- 3 of 3 --