Andre Maurice Carstarphen, Sr. v. Kennth Gillespie, et al, No. 23-13037 (11th Cir. 2023)
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USCA11 Case: 23-13037 Document: 3-1 Date Filed: 10/17/2023 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-13037 Non-Argument Calendar ____________________ ANDRE MAURICE CARSTARPHEN, JR., Plainti , ANDRE MAURICE CARSTARPHEN, SR., Plainti -Appellant, versus KENNTH GILLESPIE, Detective at MPD, MATHEW SIMPSON, Prosecutor at Daphne Municipal Court, ROBERT H. SMITH, Former Judge, RONDELLA HOWARD, USCA11 Case: 23-13037 2 Document: 3-1 Date Filed: 10/17/2023 Opinion of the Court Page: 2 of 2 23-13037 J. SINGHTON, Defendants-Appellees. ____________________ Appeal from the United States District Court for the Southern District of Alabama D.C. Docket No. 1:22-cv-00412-JB-N ____________________ Before WILSON, BRASHER, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdiction. Andre Carstarphen, Sr., proceeding pro se, appeals from the magistrate judge’s order directing the clerk to terminate him as a plaintiff. We lack jurisdiction to review the order because it has not been reviewed or rendered final by the district court. See 28 U.S.C. § 1291; Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 106667 (11th Cir. 1982); United States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009). 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.
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