Kelvin B. Stephens v. Homewood Suites

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-14060
Non-Argument Calendar
____________________
KELVIN B. STEPHENS,
Plaintiff-Appellant,
versus
HOMEWOOD SUITES,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-03273-MHC
____________________
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2 Opinion of the Court 23-14060
Before B RANCH, LAGOA , and ABUDU, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdiction
to the extent that it challenges the district court’s November 22,
2023, and December 5, 2023, orders. The appeal from the Novem-
ber 23, 2023, final order and judgment shall proceed in a new, sep-
arate appeal.
Kelvin Stephens, proceeding pro se, filed two notices of ap-
peal in this action, one on December 13, 2023, and the other on
December 19, 2023. The district court docketed the latter as an
amended notice of appeal. In his December 13, 2023, notice of ap-
peal, Stephens appeals from the district court’s November 22, 2023,
order denying him leave to appeal in forma pauperis, as clarified by
its December 5, 2023, order. The November 22, 2023, order is not
final, and the proper procedure to secure relief from a district court
order denying an application to appeal in forma pauperis is not to
appeal the denial but to file a renewed motion with this Court. See
Fed. R. App. P. 24(a)(5); Gomez v. United States, 245 F.2d 346, 347
(5th Cir. 1957). Accordingly, we lack jurisdiction as to the Decem-
ber 13, 2023, notice of appeal challenging the district court’s No-
vember 22, 2023, and December 5, 2023, orders.
In his December 19, 2023, notice of appeal, Stephens appeals
broadly from “the above stated cause of action,” which we liberally
construe as challenging the November 23, 2023, order and judg-
ment resolving the case. See Davila v. Gladden, 777 F.3d 1198, 1208
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23-14060 Opinion of the Court 3
n.5 (11th Cir. 2015). The November 23, 2023, order and judgment
are final and appealable. See 28 U.S.C. § 1291; CSX Transp., Inc. v.
City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000).
Stephens’s December 19, 2023 notice of appeal was dock-
eted as an amended notice of appeal in this appeal, but that appeal
of the final order and judgment should proceed separately. Accord-
ingly, the clerk is DIRECTED to close this appeal, create a new ap-
peal, and docket in the new appeal Stephens’s December 19, 2023
notice of appeal and his pending motion to appeal in forma pauperis.
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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