Dante Benjamin Hayward v. Brian Mundy

• Court: Court of Appeals for the Eleventh Circuit
• Decided: October 23, 2023
• Docket: 23-12214
• Status: Unpublished

Opinion

USCA11 Case: 23-12214 Document: 11-1 Date Filed: 10/23/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-12214 Non-Argument Calendar ____________________

DANTE BENJAMIN HAYWARD, Plaintiff-Appellant, versus BRIAN MUNDY, Sergeant of K-9, Effingham Sheriff's Department, individual and official capacities, DEPUTY CALEB GROVENSTEIN, Effingham County Sheriff's Department, individual and official capacities, JUDGE F. GATES PEED, Individual and official capacities, BRIAN A. DEAL, Prosecutor, individual and official capacities, USCA11 Case: 23-12214 Document: 11-1 Date Filed: 10/23/2023 Page: 2 of 2

2 Opinion of the Court 23-12214

MAGISTRATE JOHN DOE 1, et al., Individual and official capacities,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 4:23-cv-00045-CLR ____________________

Before WILSON, LAGOA, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The district court’s order denying Dante Hayward’s motion to proceed in forma pauperis on appeal is not a final, appealable or- der. See 28 U.S.C. § 1291; see also Isaac v. United States, 809 F. App’x 595, 597 (11th Cir. 2020) (citing Gomez v. United States, 245 F.2d 346, 347 (5th Cir. 1957) (stating that an order denying a motion to appeal in forma pauperis is not a final, appealable order). The proper pro- cedure for review of such an order is to renew the motion before this Court. See Fed. R. App. P. 24(a)(5) & advisory committee notes (1967 Adoption). 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.