Mark T. Stinson v. John P. Yates

Opinion

[DO NOT PUBLISH]

In the

United States Court of Appeals For the Eleventh Circuit

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No. 23-14178

Non-Argument Calendar

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MARK T. STINSON, Plaintiff-Appellant,

versus JOHN P. YATES, Warden, BLAIR, Camp Unit Manager, RANDLE, Lt., RENDON, Camp Counsel, CRAWFORD,

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Officer,

Defendants-Appellees.

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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:23-cv-24750-RAR

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Before NEWSOM, LAGOA, and ABUDU, Circuit Judges. PER CURIAM:

Mark Stinson appeals from the district court’s order transferring his case to the Eastern District of Arkansas, but that order is not appealable. See 28 U.S.C. § 1406(a) (providing that a district court may transfer a case if venue is lacking in the district court in which the case was filed); Stelly v. Emps. Nat’l Ins. Co., 431 F.2d 1251, 1253 (5th Cir. 1970) (holding that an order transferring a case under 28 U.S.C. § 1406(a) is interlocutory and non-appealable); Middlebrooks v. Smith, 735 F.2d 431, 433 (11th Cir. 1984) (explaining that a transfer order is not immediately appealable under the collateral order doctrine).

Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. All pending motions are DENIED as moot. No petition for rehearing may be filed unless it complies with the timing

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and other requirements of 11th Cir. R. 40-3 and all other applicable rules.