Henry McKinnon, III v. Secretary, Department of Corrections

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

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No. 25-12901

Non-Argument Calendar

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HENRY OLIVER MCKINNON, III, Petitioner-Appellant,

versus

SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 3:24-cv-00783-MMH-PDB

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Before ROSENBAUM, NEWSOM, and LUCK, Circuit Judges. PER CURIAM:

Henry Oliver McKinnon, III, a prisoner proceeding pro se, appeals from the district court’s August 11, 2025, order denying his

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2 Opinion of the Court 25-12901

motion to consolidate this 28 U.S.C. § 2554 action with his separate 42 U.S.C. § 1983 action.

McKinnon’s appeal is not taken from a final decision because the order did not resolve his § 2254 petition. 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 ruling that disposes of fewer than all claims 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 doctrine 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, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. All pending motions are DENIED as moot.