USCA11 Case: 23-11814 Document: 6-1 Date Filed: 08/10/2023 Page: 1 of 3
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11814
Non-Argument Calendar
____________________
CARLESE J. HALL,
Petitioner-Appellant,
versus
FCI TALLAHASSEE WARDEN,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 4:21-cv-00393-MW-MAL
____________________
USCA11 Case: 23-11814 Document: 6-1 Date Filed: 08/10/2023 Page: 2 of 3
2 Opinion of the Court 23-11814
Before JILL PRYOR, GRANT and LAGOA, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Carlese Hall appeals from the district court’s April 13, 2023
order granting in part and denying in part respondent Erica
Strong’s motion to dismiss Hall’s
28 U.S.C. § 2241 petition. 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 judg-
ment).
Grounds one and two of Hall’s § 2241 petition remain pend-
ing before the district court, and the district court did not certify its
order for immediate review under Federal Rule of Civil Procedure
54(b). See Supreme Fuels Trading FZE v. Sargeant,
689 F.3d 1244, 1246
(11th Cir. 2012) (noting that an order that disposes of fewer than all
claims against all parties to an action is not immediately appealable
absent certification pursuant to Rule 54(b)). Additionally, the dis-
trict court’s April 13, 2023 order is not effectively unreviewable on
appeal from a final order resolving the case on the merits. Plaintiff
A v. Schair,
744 F.3d 1247, 1253 (11th Cir. 2014) (explaining that a
ruling that does not conclude the litigation may be appealed under
the collateral order doctrine if it, inter alia, is “effectively unreview-
able on appeal from a final judgment”).
USCA11 Case: 23-11814 Document: 6-1 Date Filed: 08/10/2023 Page: 3 of 3
23-11814 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.
