In re: James. D. Esseks

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 31, 2024
• Docket: 23-13524
• Status: Unpublished

Opinion

USCA11 Case: 23-13524 Document: 11-1 Date Filed: 01/31/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-13524 Non-Argument Calendar ____________________

In re: JAMES D. ESSEKS, CARL S. CHARLES, LATISHA GOTELL FAULKS, MELODY H. EAGAN, JEFFREY P. DOSS, et al., Appellants.

Appeals from the United States District Court for the Middle District of Alabama USCA11 Case: 23-13524 Document: 11-1 Date Filed: 01/31/2024 Page: 2 of 2

2 Opinion of the Court 23-13524

D.C. Docket No. 2:22-mc-03977-WKW ____________________

Before WILSON, GRANT, and ABUDU, Circuit Judges. PER CURIAM: Appellants’ motions to dismiss this appeal for lack of juris- diction are GRANTED and this appeal is DISMISSED. As appel- lants recognize, the three-judge panel below has not entered a final or appealable decision because it has reassigned the case for further proceedings. See 28 U.S.C. § 1291; Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 986 (11th Cir. 2022) (providing that a final decision ends the litigation on the merits and leaves nothing for the court to do but execute judgment); Freyre v. Chronister, 910 F.3d 1371, 1377 (11th Cir. 2018) (noting that an order that contemplates further substantive proceedings is not final or appealable).