Billy Kindell v. Qiana Mobley

U.S. Court of Appeals for the Eleventh Circuit

Billy Kindell v. Qiana Mobley

Opinion

USCA11 Case: 24-13534 Document: 16-1 Date Filed: 12/03/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-13534 Non-Argument Calendar ____________________

NEKI PEAVY, as administrator of the Estate of Corey Kindell, BILLY EUGENE KINDELL, as surviving father of Corey Kindell, Plaintiffs-Appellants, versus CORECIVIC, INC., et al.,

Defendants,

QIANA MOBLEY, CHRISTY DAVIS, VANESSA WISE, USCA11 Case: 24-13534 Document: 16-1 Date Filed: 12/03/2024 Page: 2 of 3

2 Opinion of the Court 24-13534

SHANIQUA WICKER, AMBERLYN FLOYD,

Defendants-Appellees.

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Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 3:22-cv-00095-DHB-BKE ____________________

Before JILL PRYOR, GRANT, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Neki Peavy and Billy Eugene Kindell appeal from the district court’s order granting Qiana Mobley, Christy Davis, Vanessa Wise, Shaniqua Wicker, and Amberlyn Floyd’s motion for summary judgment. However, that order is not final because Peavy and Kin- dell’s claims against Tashika McKinnon, which were stayed on ac- count of her bankruptcy case, remain pending. See Corsello v. Lin- care, Inc., 276 F.3d 1229, 1230 (11th Cir. 2001) (holding that claims against a defendant that were subject to an automatic bankruptcy stay are still pending if they are not resolved by the district court); Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012) (explaining that an order that disposes of fewer than all claims of all parties is not final); 28 U.S.C. § 1291. USCA11 Case: 24-13534 Document: 16-1 Date Filed: 12/03/2024 Page: 3 of 3

24-13534 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.

Reference

Status
Unpublished