U.S. Court of Appeals for the Eleventh Circuit, 2025

Olajuwon Perry v. Secretary, Department of Corrections

Olajuwon Perry v. Secretary, Department of Corrections
U.S. Court of Appeals for the Eleventh Circuit · Decided May 8, 2025

Olajuwon Perry v. Secretary, Department of Corrections

Opinion

USCA11 Case: 25-11023 Document: 15-1 Date Filed: 05/08/2025 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11023 Non-Argument Calendar ____________________ OLAJUWON PERRY, Petitioner-Appellant, versus SECRETARY, DEPARTMENT OF CORRECTIONS,

Respondent-Appellee.

____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:24-cv-02234-PGB-LHP ____________________ USCA11 Case: 25-11023 Document: 15-1 Date Filed: 05/08/2025 Page: 2 of 3

2 Opinion of the Court 25-11023

Before JORDAN, NEWSOM, and LUCK, Circuit Judges.

PER CURIAM: Olajuwon Perry, a prisoner proceeding pro se, appeals from the magistrate judge’s February 27, 2025, order denying his “In- quiry” filings and the district judge’s March 5, 2025, order denying his “Emergency Repetition” filing. The district court construed those filings as motions primarily seeking release from prison.

Neither of those orders was a final decision because neither order resolved the claims raised in Perry’s habeas petition, which is still pending. See 28 U.S.C. § 1291 (providing that we have jurisdic- tion over “appeals from all final decisions of the district courts”); CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000) (“A final decision is one which ends the litigation on the merits.” (quotation marks omitted)); Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012) (explaining, con- versely, that an order that disposes of fewer than all claims of all parties is not final). Additionally, neither order is appealable under the collateral order doctrine because Perry’s motions concerned his imprisonment, which is the focus of his habeas petition, and be- cause both orders will be effectively reviewable on appeal from the district court’s eventual final judgment. See Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 989, 991 (11th Cir. 2022).

Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. No petition for rehearing may be filed unless it USCA11 Case: 25-11023 Document: 15-1 Date Filed: 05/08/2025 Page: 3 of 3

25-11023 Opinion of the Court 3 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.