In re: James. D. Esseks

USCA11 Case: 23-13524 Document: 11-1 Date Filed: 01/31/2024 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-13524

Non-Argument Calendar ____________________

In re: JAMES D. ESSEKS,

CARL S. CHARLES,

LATISHA GOTELL FAULKS,

MELODY H. EAGAN,

JEFFREY P. DOSS, et al.,

Appellants.

____________________

Appeals from the United States District Court for the Middle District of Alabama USCA11 Case: 23-13524 Document: 11-1 Date Filed: 01/31/2024 Page: 2 of 2

2 Opinion of the Court 23-13524 D.C. Docket No. 2:22-mc-03977-WKW ____________________

Before WILSON, GRANT, and ABUDU, Circuit Judges.

PER CURIAM:

Appellants’ motions to dismiss this appeal for lack of juris- diction are GRANTED and this appeal is DISMISSED. As appel- lants recognize, the three-judge panel below has not entered a final or appealable decision because it has reassigned the case for further proceedings. See 28 U.S.C. § 1291; Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 986 (11th Cir. 2022) (providing that a final decision ends the litigation on the merits and leaves nothing for the court to do but execute judgment); Freyre v. Chronister, 910 F.3d 1371, 1377 (11th Cir. 2018) (noting that an order that contemplates further substantive proceedings is not final or appealable).