Michael Haspel v. Centurion of Florida, LLC

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

____________________

No. 26-10327

Non-Argument Calendar

____________________

MICHAEL HASPEL, Plaintiff-Appellant,

versus

CENTURION OF FLORIDA, LLC, PAMELA JANSEN, Nurse Practitioner, NIKI HESSER, RN, MORGAN FISHER, LPN, K. MACHUCA, RN, et al., Defendants-Appellees,

JANE DOE, Nurse,

2

2 Opinion of the Court 26-10327

Defendant.

____________________

Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 5:23-cv-00083-MCR-MJF

____________________

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

This appeal is DISMISSED, sua sponte, for lack of jurisdiction.

Michael Haspel, a state prisoner proceeding pro se, appeals from the district court’s order granting in part and denying in part the defendants’ motion to dismiss.

The district court’s order is not final because Haspel’s claims against three of the defendants remain pending. See CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000) (explaining that a final judgment leaves nothing for the district court to do but execute the judgment); Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012) (explaining that an order disposing of fewer than all claims is not final). The district court did not certify the order for immediate appeal, and it is not otherwise immediately appealable. See Sargeant, 689 F.3d at 1246 (explaining that an order disposing of fewer than all claims may only be appealable if the district court certifies the order under Federal Rule of Civil Procedure 54(b)); Plaintiff A v. Schair, 744 F.3d 1247, 1252-53 (11th Cir. 2014) (explaining that an order must

3

26-10327 Opinion of the Court 3

resolve a collateral issue completely separate from the merits and be effectively unreviewable on appeal from a final judgment to be appealable under the collateral order doctrine).