Danny Crews v. Pfizer, Inc.

• Court: Court of Appeals for the Eleventh Circuit
• Decided: July 22, 2024
• Docket: 24-11253
• Status: Unpublished

Opinion

USCA11 Case: 24-11253 Document: 7-1 Date Filed: 07/22/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-11253 Non-Argument Calendar ____________________

DANNY CREWS, Plaintiff-Appellant, versus PFIZER DRUG CHANTIX et al.,

Defendants,

PFIZER, INC.,

Defendant-Appellee. USCA11 Case: 24-11253 Document: 7-1 Date Filed: 07/22/2024 Page: 2 of 2

2 Opinion of the Court 24-11253

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 2:21-cv-01487-MHH ____________________

Before WILSON, JORDAN, and NEWSOM, Circuit Judges. PER CURIAM: Danny Crews, pro se, appeals the district court’s February 13, 2024 memorandum opinion and final judgment granting summary judgment in favor of defendant Pfizer, Inc. However, the February 13 memorandum opinion and judgment are not final or appealable. The district court subsequently granted Crews’s motion for recon- sideration and vacated the final judgment to allow further litigation on the merits, which effectively nullified the memorandum opin- ion and judgment and rendered the proceedings non-final. See 28 U.S.C. § 1291; Acheron 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 nothing for the court to do but execute its judg- ment). Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. 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.