Readerlyn Tucker v. Mark Harris

• Court: Court of Appeals for the Eleventh Circuit
• Decided: September 16, 2024
• Docket: 24-12554
• Status: Unpublished

Opinion

USCA11 Case: 24-12554 Document: 7-1 Date Filed: 09/16/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-12554 Non-Argument Calendar ____________________

READERLYN CARTER TUCKER, Plaintiff-Appellant, versus MARK HARRIS, ALETHEA HARRIS, DEPARTMENT OF SOCIAL SERVICES, Onslow County, CPS, NIKKI WATKINS, NATAKI WALKERS,

Defendants-Appellees. USCA11 Case: 24-12554 Document: 7-1 Date Filed: 09/16/2024 Page: 2 of 2

2 Opinion of the Court 24-12554

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 4:24-cv-00069-CDL-AGH ____________________

Before WILSON, NEWSOM, and GRANT, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Readerlyn Tucker appeals from the district court’s order transferring her case to the Eastern District of North Carolina, 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 col- lateral order doctrine). 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.