Joseph Wayne Allen v. Florida Department of Corrections, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12861
Non-Argument Calendar
____________________
JOSEPH WAYNE ALLEN,
Plaintiff-Appellant,
versus
FLORIDA DEPARTMENT OF CORRECTIONS,
MS. WILLIAMS,
ARPN,
ROLAND WILKERSON,
TYRONE ASKEW,
Defendants-Appellees,
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2 Opinion of the Court 23-12861
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et
al.,
Defendants.
____________________
Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 4:22-cv-00148-WS-MJF
____________________
Before ROSENBAUM, N EWSOM, and A BUDU , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Joseph Allen appeals from the district court’s August 8, 2023
order dismissing his claim against defendant Williams. That order
is not final and appealable, however, because it did not end the lit-
igation on the merits in the district court. See 28 U.S.C. § 1291; Ach-
eron 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 noth-
ing for the court to do but execute its judgment).
Allen’s claims against defendants Askew and Wilkerson 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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23-12861 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 August 8, 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, in-
ter 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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