Henry McKinnon, III v. Birdsong

• Court: Court of Appeals for the Eleventh Circuit
• Decided: February 9, 2026
• Docket: 25-12941
• Status: Unpublished

Opinion

USCA11 Case: 25-12941 Document: 20-1 Date Filed: 02/09/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12941 Non-Argument Calendar ____________________

HENRY OLIVER MCKINNON, III, Plaintiff-Appellant, versus

SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Defendants, LT. BIRDSONG, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 3:24-cv-00478-MMH-LLL ____________________

Before ROSENBAUM, NEWSOM, and LUCK, Circuit Judges. PER CURIAM: USCA11 Case: 25-12941 Document: 20-1 Date Filed: 02/09/2026 Page: 2 of 2

2 Opinion of the Court 25-12941

Henry Oliver McKinnon, III, a prisoner proceeding pro se, appeals from the district court’s August 12, 2025, order denying his motion to consolidate this 42 U.S.C. § 1983 action with his separate 28 U.S.C. § 2254 action. The defendant filed a motion to dismiss the appeal. McKinnon’s appeal is not taken from a final decision because the district court’s order did not resolve his Eighth Amendment claim against the defendant in his individual capacity. See 28 U.S.C. § 1291 (“The courts of appeals . . . have jurisdiction . . . [over] all final decisions of the district courts.”); Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012) (explaining that a rul- ing that disposes of fewer than all claims of all parties is not final); NAACP of La. v. Michot, 480 F.2d 547, 548 (5th Cir. 1973) (“An order denying consolidation is not a final appealable order.”). The order also is not immediately appealable under the collateral order doc- trine because it would be effectively reviewable on appeal from a final decision. See Acheron Capital, Ltd. v. Mukamal, 22 F.4th 979, 989 (11th Cir. 2022) (describing the doctrine’s requirements). Accordingly, the defendant’s motion to dismiss is GRANTED. This appeal is DISMISSED. All pending motions are DENIED as moot.