Christopher Desilien v. Florida Department of Corrections

Eleventh Circuit

Christopher Desilien v. Florida Department of Corrections

CourtCourt of Appeals for the Eleventh Circuit

DecidedMay 22, 2023

Docket23-10402

StatusUnpublished

This text of Christopher Desilien v. Florida Department of Corrections (Christopher Desilien v. Florida Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Christopher Desilien v. Florida Department of Corrections, (11th Cir. 2023).

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USCA11 Case: 23-10402 Document: 16-1 Date Filed: 05/22/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-10402 Non-Argument Calendar ____________________

CHRISTOPHER DESILIEN, Petitioner-Appellant, versus FLORIDA DEPARTMENT OF CORRECTIONS,

Respondent-Appellee.

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:22-cv-80622-KMW ____________________ USCA11 Case: 23-10402 Document: 16-1 Date Filed: 05/22/2023 Page: 2 of 2

2 Opinion of the Court 23-10402

Before WILSON, LUCK, and LAGOA, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Christopher Desilien, proceeding pro se, has appealed from the district court’s January 24, 2023 order denying his three mo- tions for release from custody pending the resolution of his 28 U.S.C. § 2254 habeas corpus petition. While this appeal was pending, the district court entered a final order denying the § 2254 petition with prejudice. Because the district court has now finally resolved the action in its entirety, Mr. Desilien’s challenge to the denial of his motions for release from custody pending the resolu- tion of his § 2254 petition is moot. See Pagan v. United States, 353 F.3d 1343, 1346 (11th Cir. 2003) (noting that a final decision on the merits of a habeas petition “renders moot the issue of whether a prisoner is entitled to be released pending resolution of the post- conviction relief proceeding”); cf. Murphy v. Hunt, 455 U.S. 478, 481- 84, 481 n.5 (1982) (holding that a criminal defendant’s claim to pre- trial bail was moot once he was convicted). Accordingly, we lack jurisdiction over the appeal. 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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USCA11 Case: 23-10402 Document: 16-1 Date Filed: 05/22/2023 Page: 1 of 2

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

____________________

No. 23-10402 Non-Argument Calendar ____________________

CHRISTOPHER DESILIEN, Petitioner-Appellant, versus FLORIDA DEPARTMENT OF CORRECTIONS,

Respondent-Appellee.

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:22-cv-80622-KMW ____________________ USCA11 Case: 23-10402 Document: 16-1 Date Filed: 05/22/2023 Page: 2 of 2

2 Opinion of the Court 23-10402

Before WILSON, LUCK, and LAGOA, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Christopher Desilien, proceeding pro se, has appealed from the district court’s January 24, 2023 order denying his three mo- tions for release from custody pending the resolution of his 28 U.S.C. § 2254 habeas corpus petition. While this appeal was pending, the district court entered a final order denying the § 2254 petition with prejudice. Because the district court has now finally resolved the action in its entirety, Mr. Desilien’s challenge to the denial of his motions for release from custody pending the resolu- tion of his § 2254 petition is moot. See Pagan v. United States, 353 F.3d 1343, 1346 (11th Cir. 2003) (noting that a final decision on the merits of a habeas petition “renders moot the issue of whether a prisoner is entitled to be released pending resolution of the post- conviction relief proceeding”); cf. Murphy v. Hunt, 455 U.S. 478, 481- 84, 481 n.5 (1982) (holding that a criminal defendant’s claim to pre- trial bail was moot once he was convicted). Accordingly, we lack jurisdiction over the appeal. 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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