Tiffany Harris v. Secretary, U.S. Department of Veterans Affairs ( 2023 )


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  • USCA11 Case: 23-11628   Document: 11-1    Date Filed: 06/09/2023   Page: 1 of 3
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 23-11628
    Non-Argument Calendar
    ____________________
    TIFFANY HARRIS,
    Plaintiff-Appellant,
    versus
    SECRETARY, U.S. DEPARTMENT OF VETERANS AFFAIRS,
    Defendant-Appellee,
    DEPARTMENT OF VETERANS AFFAIRS, et al.,
    Defendants.
    USCA11 Case: 23-11628      Document: 11-1       Date Filed: 06/09/2023     Page: 2 of 3
    2                       Opinion of the Court                  23-11628
    ____________________
    Appeal from the United States District Court
    for the Northern District of Alabama
    D.C. Docket Nos. 2:22-cv-00193-CLM,
    2:22-cv-00194-CLM
    ____________________
    Before WILSON, JILL PRYOR, and GRANT, Circuit Judges.
    PER CURIAM:
    This appeal is DISMISSED, sua sponte, for lack of jurisdic-
    tion. To the extent Tiffany Harris seeks to have her case trans-
    ferred from the district court to this Court, that request is im-
    proper. Our jurisdiction is generally limited to final decisions of
    the district courts, and the district court has not entered a final or-
    der resolving the litigation on the merits in this case. 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 litigation on the mer-
    its and leaves nothing for the court to do but execute its judgment).
    We also lack jurisdiction to the extent Harris seeks appellate review
    of the district court’s text order denying her motion to transfer
    venue. That order is not final because it did not end the litigation
    on the merits, and it is not immediately appealable under the col-
    lateral order doctrine because it is not effectively unreviewable on
    appeal from a final judgment. 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
    USCA11 Case: 23-11628      Document: 11-1      Date Filed: 06/09/2023     Page: 3 of 3
    23-11628               Opinion of the Court                          3
    doctrine if, inter alia, it is “effectively unreviewable on appeal from
    a final judgment”).
    All pending motions are DENIED as MOOT. 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.
    

Document Info

Docket Number: 23-11628

Filed Date: 6/9/2023

Precedential Status: Non-Precedential

Modified Date: 6/9/2023