Anthony Retic v. John Hutton

• Court: Court of Appeals for the Eleventh Circuit
• Decided: July 24, 2024
• Docket: 24-12082
• Status: Unpublished

Opinion

USCA11 Case: 24-12082 Document: 5-1 Date Filed: 07/24/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-12082 Non-Argument Calendar ____________________

ANTHONY RETIC, Plaintiff-Appellant, versus CAPTAIN JOHN HUTTON, LIEUTENANT MICHAEL J. JONES,

Defendants-Appellees. ____________________

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 5:23-cv-01396-MHH-SGC ____________________ USCA11 Case: 24-12082 Document: 5-1 Date Filed: 07/24/2024 Page: 2 of 2

2 Opinion of the Court 24-12082

Before JORDAN, JILL PRYOR, and NEWSOM, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Anthony Retic, proceeding pro se, appeals from the district court’s May 22, 2024 final order and judgment dismissing his action without prejudice. We lack jurisdiction over this appeal because the district court subsequently vacated that final order and judg- ment, preventing us from granting Retic any effectual relief even if he were to prevail on appeal. See Brooks v. Ga. State Bd. of Elections, 59 F.3d 1114, 1118 (11th Cir. 1995) (explaining that we lack author- ity to adjudicate moot controversies); Mobley v. Palm Beach Cnty. Sheriff Dep’t, 783 F.3d 1347, 1352 (11th Cir. 2015) (dismissing por- tion of appeal as moot where appellant challenged an order dis- missing his original complaint because the district court had amended that order to dismiss only the proposed amended com- plaint). 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.