USCA11 Case: 25-10377 Document: 16-1 Date Filed: 05/29/2025 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-10377 Non-Argument Calendar ____________________ SAMUEL LEE SMITH, JR., Plaintiff-Appellant, versus MARK H. SLIMAK, Police, MIAMI DADE POLICE DEPARTMENT,

Defendants-Appellees,

PALMETTO BAY POLICE DEPARTMENT, et al., USCA11 Case: 25-10377 Document: 16-1 Date Filed: 05/29/2025 Page: 2 of 3

2 Opinion of the Court 25-10377 Defendant.

____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:24-cv-22990-CMA ____________________ Before NEWSOM, GRANT, and BRASHER, Circuit Judges.

PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Samuel Smith, Jr., proceeding pro se, appeals the district court’s January 29, 2025 order granting in part the defendants’ mo- tion to dismiss.

We lack jurisdiction over Smith’s appeal because the Janu- ary 29 order was not final and appealable, as one of Smith’s claims remains pending before the district court. See 28 U.S.C. § 1291 (providing that appellate jurisdiction is generally limited to “final decisions of the district courts”); Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 986 (11th Cir. 2022) (providing that an appealable final order ends the litigation on the merits and leaves nothing for the court to do but execute its judgment). The order is also not effec- tively unreviewable on appeal from a final judgment resolving the case on the merits. See Plaintiff A v. Schair, 744 F.3d 1247, 1252-53 (11th Cir. 2014) (explaining that a ruling that does not conclude the litigation may be appealed under the collateral order doctrine if it, USCA11 Case: 25-10377 Document: 16-1 Date Filed: 05/29/2025 Page: 3 of 3

25-10377 Opinion of the Court 3 inter alia, is “effectively unreviewable on appeal from a final judg- ment”).

All pending motions are DENIED as moot. 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.