John Daniel Smith v. Asher Knipe

Opinion

[DO NOT PUBLISH]

In the

United States Court of Appeals For the Eleventh Circuit

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No. 24-13037

Non-Argument Calendar

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JOHN DANIEL SMITH, Plaintiff-Appellant,

versus ASHER KNIPE, Attorney, KENNETH KEMP, Attorney, TIMOTHY MACE, Attorney, ELIZABETH BENTLEY, Attorney, JAMES SHENKO, et al.,

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Attorney, individually and in his official capacity,

Defendants-Appellees.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 2:24-cv-00776-JLB-NPM,

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Before JILL PRYOR, NEWSOM, and LUCK, Circuit Judges. PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdiction . John Daniel Smith, proceeding pro se, appeals an order from the Orlando Division of the Middle District of Florida transferring his case to that court’s Fort Myers Division. However, that order is not immediately appealable. Compare M.D. Fla. Local Rule 1.04(b), with 28 U.S.C. § 1404(a), and 28 U.S.C. § 1406(a); see 28 U.S.C. § 1291; CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000) (explaining that non-final orders are only appealable if they “fall into a specific class of interlocutory orders that are made appealable by statute or jurisprudential exception”); Middlebrooks v. Smith, 735 F.2d 431, 433 (11th Cir. 1984) (explaining that transfer orders generally do not fall within the collateral order doctrine because they can be raised later, and because the parties challenging them can move to retransfer their cases).

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24-13037 Opinion of the Court 3

No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.