Deandre Arnold v. Governor of the State of Georgia

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 28, 2025
• Docket: 25-10580
• Status: Unpublished

Opinion

USCA11 Case: 25-10580 Document: 9-1 Date Filed: 03/28/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 25-10580 Non-Argument Calendar ____________________

DEANDRE ARNOLD, Plaintiff-Appellant, versus GOVERNOR OF THE STATE OF GEORGIA, ATTORNEY GENERAL, STATE OF GEORGIA, SHERIFF OF HENRY COUNTY, GEORGIA, DISTRICT ATTORNEY FOR HENRY COUNTY GEORGIA, STEPHEN DILLARD, Appellate Court Judge or Justice of the Georgia Court of Appeals, et al.,

Defendants-Appellees. USCA11 Case: 25-10580 Document: 9-1 Date Filed: 03/28/2025 Page: 2 of 2

2 Opinion of the Court 25-10580

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-02219-JPB ____________________

Before ROSENBAUM, JILL PRYOR, and KIDD, Circuit Judges. PER CURIAM: This appeal is DISMISSED in part, sua sponte, for lack of ju- risdiction. Deandre Arnold’s notice of appeal challenged the dis- trict court’s two October 1, 2024 orders. One of those orders de- nied Arnold’s postjudgment motions to stay dismissal, for relief from dismissal, and for electronic filing permission. The other or- der denied his application for leave to appeal in forma pauperis (“IFP”). Arnold’s challenge to the October 1 order denying his IFP application is not appealable, as the proper procedure is to file in the appellate court a motion to proceed IFP on appeal. See 28 U.S.C. § 1291; Fed. R. App. P. 24(a)(5); Gomez v. United States, 245 F.2d 346, 347 (5th Cir. 1957). This appeal shall proceed as to only the other October 1 order denying Arnold’s post-judgment motions. No motion for reconsideration may be filed unless it com- plies with the timing and other requirements of 11th Cir. R. 27-2 and all other applicable rules.