Waseem Daker v. Brian Owens

USCA11 Case: 23-10146 Document: 30-1 Date Filed: 08/12/2024 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-10146

Non-Argument Calendar ____________________

WASEEM DAKER,

Plaintiff-Appellant, versus PATRICK HEAD, et al.,

Defendants, BRIAN OWENS, RICK JACOBS, ROBERT TOOLE, MR. DELOACH, FNU,

USCA11 Case: 23-10146 Document: 30-1 Date Filed: 08/12/2024 Page: 2 of 2 2 Opinion of the Court 23-10146 BETTY BAILEY-DEAN,

Defendants-Appellees.

____________________

Appeal from the United States District Court for the Southern District of Georgia

D.C. Docket No. 6:14-cv-00047-RSB-BWC

____________________

Before JORDAN, JILL PRYOR, and LAGOA, Circuit Judges.

PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Waseem Daker, a Georgia prisoner proceeding pro se, appeals from a magistrate judge’s order denying his motion for leave to file a motion to vacate the district court’s order and judgment dismiss- ing his case with prejudice. The magistrate judge’s order is not a final and appealable order because the order had not been rendered final by the district court when Daker filed the notice of appeal. See Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982); United States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009). Accordingly, we lack jurisdiction to review that order.

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.