Christopher Baylor v. The Florida Klu Klux Klan for the Traditionalist Americans

U.S. Court of Appeals for the Eleventh Circuit

Christopher Baylor v. The Florida Klu Klux Klan for the Traditionalist Americans

Opinion

USCA11 Case: 23-13250 Document: 29-1 Date Filed: 01/16/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-13250 Non-Argument Calendar ____________________

CHRISTOPHER BAYLOR, Plaintiff-Appellant, versus THE FLORIDA KLU KLUX KLAN FOR THE TRADITIONALIST AMERICANS, United Northern and Southern Chapter, and Ladies of the Invisible Empire, CHARLES T. CANADY, RICKY POLSTON, JAMIE GROSSHANS, JORGE LABARGA, et al., USCA11 Case: 23-13250 Document: 29-1 Date Filed: 01/16/2024 Page: 2 of 3

2 Opinion of the Court 23-13250

Defendants-Appellees.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:23-cv-00748-CEM-EJK ____________________

Before JILL PRYOR, NEWSOM, and LUCK, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Christopher Baylor appeals from the district court’s “implicit denial” of his motion for injunctive relief and his petition to dis- qualify the district judge. He further purports to appeal any earlier judgments, opinions, rulings, or orders subsumed within that im- plicit denial. We lack jurisdiction to review an implicit or expected order. Bogle v. Orange Cnty. Bd. of Cnty. Comm’rs, 162 F.3d 653, 661 (11th Cir. 1998) (holding that a notice of appeal must designate an al- ready existing order and not one that is merely expected to be en- tered in the future). The district court has not entered an order on Baylor’s motion for injunctive relief or his petition to disqualify. The only orders it entered before Baylor appealed were initial or- ders regarding discovery motions and case deadlines and an order striking Baylor’s initial disclosure statement. Those rulings cannot be subsumed within a non-existent order and are not immediately USCA11 Case: 23-13250 Document: 29-1 Date Filed: 01/16/2024 Page: 3 of 3

23-13250 Opinion of the Court 3

appealable under the collateral order doctrine. See Plaintiff A v. Schair, 744 F.3d 1247, 1252-53 (11th Cir. 2014) (stating that an order is immediately appealable under the collateral order doctrine if it conclusively determines a disputed question and is effectively un- reviewable on appeal from a final judgment). 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