Bozorgmehr Pouyeh v. Public Health Trust of Jackson Health System

USCA11 Case: 23-13504 Document: 17-1 Date Filed: 12/13/2023 Page: 1 of 3
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13504
Non-Argument Calendar
____________________
BOZORGMEHR POUYEH,
Plaintiff-Appellant,
versus
PUBLIC HEALTH TRUST OF JACKSON
HEALTH SYSTEM,
CARLOS A. MIGOYA,
Chief Executive Officer of the Trust,
DR. STEVEN J. GEDDE,
Program Director of Opthamology Residency Program,
DR. STEFANIE R. BROWN,
Program Director of Preliminary & Internal Medicine
formerly known as Dr. Doe,
DR. J. DONALD TEMPLE,
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2 Opinion of the Court 23-13504
Program Director of Harrington Program, et al.,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:16-cv-23582-JEM
____________________
Before ROSENBAUM, LUCK, and LAGOA, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Bozorgmehr Pouyeh appeals pro se from the district court’s
October 12, 2023, paperless order granting him a trial continuance
but denying him leave to amend his complaint and motion for par-
tial summary judgment. Pouyeh also appeals from the district
court’s October 13, 2023, order denying his motion for partial sum-
mary judgment.
Neither of these orders, however, is final and appealable be-
cause neither ended litigation on the merits in this case, which is
set for trial on December 4, 2023. See 28 U.S.C. § 1291; CSX Transp.,
Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000); Plain-
tiff A v. Schair, 744 F.3d 1247, 1252-53 (11th Cir. 2014). In addition,
neither order is otherwise immediately appealable under the
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23-13504 Opinion of the Court 3
collateral order doctrine because both orders may be reviewed ef-
fectively from a final judgment resolving all claims. See Plaintiff A,
744 F.3d at 1252-53.
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.