Shaun Stewart v. Sumter County Florida
Shaun Stewart v. Sumter County Florida
Opinion
USCA11 Case: 25-10979 Document: 5-1 Date Filed: 05/06/2025 Page: 1 of 3
[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-10979 Non-Argument Calendar ____________________ SHAUN PATRICK STEWART, Plaintiff-Appellant, versus SUMTER COUNTY FLORIDA, In their Individual and Official Capacity, BILL FARMER, Sheriff, In their Individual and Official Capacity, FNU REID, Captain, In their Individual and Official Capacity, FNU STRICKLAND, Lieutenant, In their Individual and Official Capacity, FNU HAYES, USCA11 Case: 25-10979 Document: 5-1 Date Filed: 05/06/2025 Page: 2 of 3
2 Opinion of the Court 25-10979 Lieutenant, In their Individual and Official Capacity, et al.,
Defendants-Appellees.
____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 5:24-cv-00495-JLB-PRL ____________________ Before ROSENBAUM, JILL PRYOR, and NEWSOM, Circuit Judges.
PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Shaun Stewart, a jail inmate proceeding pro se, filed a single notice of appeal in seven district court actions. In the notice, deemed filed on March 18, 2025, Stewart stated that he appeals the district court’s dismissal of his cases and denial of appointment of counsel. See Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014) (noting that a pro se prisoner’s notice of appeal is deemed filed on the date he delivers it to prison authorities for mailing, but if that date is unknown and there is not contrary evidence, the notice is deemed filed on the day that he signed it).
However, the notice of appeal was filed before the district court entered, in this case, the final order and judgment dismissing the case without prejudice and the order denying Stewart’s motion USCA11 Case: 25-10979 Document: 5-1 Date Filed: 05/06/2025 Page: 3 of 3
25-10979 Opinion of the Court 3 to appoint counsel. Accordingly, Stewart’s notice of appeal in this case fails to designate an existing order or judgment, and we lack jurisdiction over this appeal. See 28 U.S.C. § 1291 (providing that appellate jurisdiction is generally limited to final decisions of the district courts); Fed. R. App. P. 3(c)(1) (providing that a notice of appeal must, inter alia, designate the judgment—or the appealable order—from which the appeal is taken); Bogle v. Orange Cnty. Bd. of Cnty. Comm’rs, 162 F.3d 653, 661 (11th Cir. 1998) (providing that a notice of appeal is ineffective to appeal a contemplated future order or judgment that does not exist at the time the notice of appeal is filed, unless the decision or order was already announced).
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.