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[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-11543 Non-Argument Calendar ____________________ RANDY XAVIER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 USCA11 Case: 23-11543 Document: 7-1 Date Filed: 06/08/2023 Page: 2 of 3

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”).

USCA11 Case: 23-11543 Document: 7-1 Date Filed: 06/08/2023 Page: 3 of 3

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.