Lillie Middlebrooks v. Scott Kasmar

U.S. Court of Appeals for the Eleventh Circuit

Lillie Middlebrooks v. Scott Kasmar

Opinion

USCA11 Case: 25-12771 Document: 17-1 Date Filed: 11/13/2025 Page: 1 of 3

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12771 Non-Argument Calendar ____________________

LILLIE M. MIDDLEBROOKS, Plaintiff-Appellant, versus

SCOTT KASMAR, in personal/individual capacity as Sergeant for The Rome Police Department, BRYAN THOMAS JOHNSON, in personal/individual capacity as County Judge For the Superior Court of Floyd County, KAY ANN KING, in personal/individual capacity as County Judge For the Superior Court of Floyd County, Defendants-Appellees. USCA11 Case: 25-12771 Document: 17-1 Date Filed: 11/13/2025 Page: 2 of 3

2 Opinion of the Court 25-12771 ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 4:25-cv-00167-WMR ____________________

Before JORDAN, LAGOA, and ABUDU, Circuit Judges. PER CURIAM: Lillie Middlebrooks, pro se, filed a notice of appeal from the district court’s August 11, 2025 order. That order granted one de- fendant’s motion to dismiss and granted in part and denied in part the other defendants’ motion to dismiss. We lack jurisdiction over Middlebrooks’s appeal because the August 11 order is not final, as Middlebrooks’s claims for declara- tory relief against two of the three defendants remain pending, and the district court did not certify it for immediate appeal. See 28 U.S.C. § 1291 (providing that appellate jurisdiction is generally lim- ited to “final decisions of the district courts”); Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 986 (11th Cir. 2022) (providing that an ap- pealable final order ends the litigation on the merits and leaves nothing for the court to do but execute its judgment); Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012) (explain- ing that an order that disposes of fewer than all claims against all parties to a civil action is not final or immediately appealable absent certification by the district court pursuant to Federal Rule of Civil Procedure 54(b)). The order is also not effectively 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) USCA11 Case: 25-12771 Document: 17-1 Date Filed: 11/13/2025 Page: 3 of 3

25-12771 Opinion of the Court 3

(explaining that a ruling that does not conclude the litigation may be appealed under the collateral order doctrine if it, inter alia, is “effectively unreviewable on appeal from a final judgment”). Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction.

Reference

Status
Unpublished