USCA11 Case: 23-12861 Document: 11-1 Date Filed: 01/19/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-12861 Non-Argument Calendar ____________________

JOSEPH WAYNE ALLEN, Plaintiff-Appellant, versus FLORIDA DEPARTMENT OF CORRECTIONS, MS. WILLIAMS, ARPN, ROLAND WILKERSON, TYRONE ASKEW,

Defendants-Appellees, USCA11 Case: 23-12861 Document: 11-1 Date Filed: 01/19/2024 Page: 2 of 3

2 Opinion of the Court 23-12861

SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al.,

Defendants.

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Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 4:22-cv-00148-WS-MJF ____________________

Before ROSENBAUM, NEWSOM, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Joseph Allen appeals from the district court’s August 8, 2023 order dismissing his claim against defendant Williams. That order is not final and appealable, however, because it did not end the lit- igation on the merits in the district court. See 28 U.S.C. § 1291; Ach- eron 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 noth- ing for the court to do but execute its judgment). Allen’s claims against defendants Askew and Wilkerson 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: 23-12861 Document: 11-1 Date Filed: 01/19/2024 Page: 3 of 3

23-12861 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 August 8, 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, in- ter 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.