James Marcelin v. Mr. Billy, et al.

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11611
Non-Argument Calendar
____________________
JAMES S. MARCELIN,
Plaintiff-Appellant,
versus
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
et al.,
Defendants,
MR. BILLY,
officer,
MR. DANIELS,
officer,
MR. CUNNINGHAM,
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2 Opinion of the Court 23-11611
officer,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 3:21-cv-00228-BJD-PDB
____________________
Before W ILSON, R OSENBAUM , and BRASHER , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. James Marcelin appeals from the district court’s April 6, 2023
order dismissing his claims against defendant Cunningham. That
order is not final and appealable, however, because it did not end
the litigation on the merits in the district court. See
28 U.S.C. § 1291; Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 986
(11th Cir. 2022) (stating that a final order ends the litigation on the
merits and leaves nothing for the court to do but execute its judg-
ment).
Marcelin’s claims against defendants Billy and Daniels re-
main pending before the district court, and the district court did
not certify its order for immediate review under Federal Rule of
Civil Procedure 54(b). See Supreme Fuels Trading FZE v. Sargeant,
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23-11611 Opinion of the Court 3
689 F.3d 1244, 1246 (11th Cir. 2012) (noting that an order that dis-
poses of fewer than all claims against all parties to an action is not
immediately appealable absent certification pursuant to Rule
54(b)). Additionally, the district court’s April 6, 2023 order is not
effectively unreviewable on appeal from a final order resolving the
case on the merits. Plaintiff A v. Schair, 744 F.3d 1247, 1252–53 (11th
Cir. 2014) (explaining that a ruling that does not conclude the liti-
gation may be appealed under the collateral order doctrine if it,
inter alia, is “effectively unreviewable on appeal from a final judg-
ment”).
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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