Raziel Ofer v. Laurel Isicoff

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

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No. 26-10213

Non-Argument Calendar

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RAZIEL OFER, Plaintiff-Appellant,

versus

LAUREL M. ISICOFF, Defendant-Appellee.

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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:23-cv-24738-wfjg

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

This appeal is DISMISSED, sua sponte, for lack of jurisdiction. Raziel Ofer appeals directly from the district court’s

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2 Opinion of the Court 26-10213

order denying his motion to stay the proceedings pending a motion to recuse the district judge.

This order is not final because it did not end the litigation on the merits. See 28 U.S.C. § 1291; 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). And the order is not otherwise immediately appealable. See 28 U.S.C. § 1292(a)(1) (providing for immediate appeal of certain injunction rulings); Feldspar Trucking Co., v. Greater Atlanta Shippers Ass’n, 849 F.2d 1389, 1391-92 (11th Cir. 1988) (holding that the denial of a motion to stay is not immediately appealable as an injunction ruling under § 1291(a)(1)); Plaintiff A v. Schair, 744 F.3d 1247, 1252-55 (11th Cir. 2014) (explaining that the denial of a motion to stay is not reviewable under the collateral order doctrine).

All pending motions are DENIED as moot.