In re: James. D. Esseks

Opinion

[DO NOT PUBLISH]

In the

United States Court of Appeals For the Eleventh Circuit

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No. 23-13524

Non-Argument Calendar

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

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Appeals from the United States District Court for the Middle District of Alabama

2

2 Opinion of the Court 23-13524

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

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Before WILSON, GRANT, and ABUDU, Circuit Judges. PER CURIAM:

Appellants’ motions to dismiss this appeal for lack of jurisdiction are GRANTED and this appeal is DISMISSED. As appellants 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).