USCA11 Case: 23-12750 Document: 6-1 Date Filed: 09/26/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-12750 Non-Argument Calendar ____________________ RODNEY BERRY, Plaintiff-Appellant, versus JOHN / JANE DOE, Warden, FCC Coleman Medium, et al.,

Defendants,

ALLISON MURPHY, Nurse, in her Individual and Official Capacity, UNITED STATES OF AMERICA, RICHARD LI, Primary Care Provider, in his Individual USCA11 Case: 23-12750 Document: 6-1 Date Filed: 09/26/2023 Page: 2 of 3

2 Opinion of the Court 23-12750 and Official Capacity, K. GOMEZ, Clinical Director, in his Individual and Official Capacity, L. MIRANDA, Family Nurse Practioner (FNP), in his Individual and Official Capacity, MARI LASSALLE, RN, in her Individual and Official Capacity,

Defendants-Appellees.

____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 5:21-cv-00351-BJD-PRL ____________________ Before JORDAN, NEWSOM, and BRASHER, Circuit Judges.

PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Rodney Berry, a federal prisoner proceeding pro se, appeals from the district court’s order and judgment in favor of five out of six named defendants. The order and judgment are not final and appealable, however, because the district court has not yet resolved the rights and liabilities of the United States and did not certify its judgment for immediate appeal. See 28 U.S.C. §§ 1291, 1292(b); USCA11 Case: 23-12750 Document: 6-1 Date Filed: 09/26/2023 Page: 3 of 3

23-12750 Opinion of the Court 3 Fed. R. Civ. P. 54(b); Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 986 (11th Cir. 2022); Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012).

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.