Yvonne West v. DeKalb County, Georgia, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-10682
Non-Argument Calendar
____________________
YVONNE M. WEST,
Individually and as Administrator of
the Estate of Jamon West,
Plaintiff-Appellant,
versus
DEKALB COUNTY, GEORGIA,
CAPTAIN PHILLIP DITMORE,
SENIOR FIREFIGHTER DAVID KELLY,
SENIOR FIREFIGHTER JASON WINKLER,
SENIOR FIREFIGHTER KEVIN FLEMING, et al.,
Defendants-Appellees.
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2 Opinion of the Court 24-10682
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Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-01907-LMM
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Before B RANCH, L UCK , and L AGOA , Circuit Judges.
PER CURIAM:
Upon review of the record and the parties’ responses to the
jurisdictional question, we conclude that we lack jurisdiction over
this appeal because there is not a final or otherwise appealable or-
der. Yvonne West appeals from the district court’s order, and re-
lated judgment, that dismissed several defendants. However, the
district court entered its dismissal order on February 2, 2024, just
over two weeks after it granted West a 40-day extension to serve
four unserved defendants with process, and it acknowledged the
extension in the dismissal order. Because this extension of the time
to serve had not yet expired at the time the district court entered is
dismissal order, that order is not final or otherwise immediately
appealable even if only unserved defendants remained. See
28 U.S.C. § 1291; Fed. R. Civ. P. 54(b); Insinga v. LaBella, 817 F.2d
1469, 1470 (11th Cir. 1987) (providing that an order dismissing all
served defendants is not final for purposes of appeal where the dis-
trict court “is given reason to believe that it is premature to assume
that service will not be made on the currently unserved parties”);
Freyre v. Chronister, 910 F.3d 1371, 1377 (11th Cir. 2018) (providing
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24-10682 Opinion of the Court 3
that a district court order which “contemplates further substantive
proceedings in a case is not final and appealable”).
Accordingly, this appeal is DISMISSED for lack of jurisdic-
tion.
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