USCA11 Case: 23-11611 Document: 7-1 Date Filed: 06/30/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-11611 Non-Argument Calendar ____________________ JAMES S. MARCELIN, Plaintiff-Appellant, versus SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al.,

Defendants,

MR. BILLY, officer, MR. DANIELS, officer, MR. CUNNINGHAM, USCA11 Case: 23-11611 Document: 7-1 Date Filed: 06/30/2023 Page: 2 of 3

2 Opinion of the Court 23-11611 officer,

Defendants-Appellees.

____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 3:21-cv-00228-BJD-PDB ____________________ Before WILSON, ROSENBAUM, and BRASHER, Circuit Judges.

PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. James Marcelin appeals from the district court’s April 6, 2023 order dismissing his claims against defendant Cunningham. 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).

Marcelin’s claims against defendants Billy and Daniels re- main pending 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, USCA11 Case: 23-11611 Document: 7-1 Date Filed: 06/30/2023 Page: 3 of 3

23-11611 Opinion of the Court 3 689 F.3d 1244, 1246 (11th Cir. 2012) (noting that an order that dis- poses of fewer than all claims against all parties to an action is not immediately appealable absent certification pursuant to Rule 54(b)). Additionally, the district court’s April 6, 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, 1252–53 (11th Cir. 2014) (explaining that a ruling that does not conclude the liti- gation may be appealed under the collateral order doctrine if it, inter alia, is “effectively unreviewable on appeal from a final judg- ment”).

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.