USCA11 Case: 23-11543 Document: 7-1 Date Filed: 06/08/2023 Page: 1 of 3
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11543
Non-Argument Calendar
____________________
RANDY XAVIER JONES,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket Nos. 8:21-cr-00288-WFJ-SPF-1,
8:23-cv-00844-WFJ-SPF
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2 Opinion of the Court 23-11543
____________________
Before WILSON, NEWSOM, and LAGOA, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Randy Jones appeals from the district court’s order finding
that his
28 U.S.C. § 2255 motion was moot as to its filing in his crim-
inal case because it was docketed, and would be resolved, in a sep-
arate civil case. That order is not final and appealable, however,
because it did not end the litigation on the merits in the district
court. See
28 U.S.C. § 1291; Acheron Cap., Ltd. v. Mukamal,
22 F.4th 979, 986 (11th Cir. 2022) (stating that a final order ends the
litigation on the merits and leaves nothing for the court to do but
execute its judgment).
Jones’s § 2255 motion is still pending before the district court
in the civil case—no. 8:23-cv-844. Further, the district court’s deci-
sion to consider the § 2255 motion in a separate civil proceeding is
not appealable under the collateral order doctrine because that de-
cision can be effectively reviewed on an appeal from a final judg-
ment in that proceeding. See Plaintiff A v. Schair,
744 F.3d 1247,
1252-53 (11th Cir. 2014) (explaining that a ruling that does not con-
clude the litigation may be appealed under the collateral order doc-
trine if it, inter alia, is “effectively unreviewable on appeal from a
final judgment”).
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23-11543 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.
