Marva Monroe El v. Fulton County Boad of Health et, al., No. 24-10562 (11th Cir. 2024)
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USCA11 Case: 24-10562 Document: 20-1 Date Filed: 04/30/2024 Page: 1 of 3 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-10562 Non-Argument Calendar ____________________ MARVA MELISSA MONROE EL, In Propria Persona, Sui Juris, Plainti -Appellant, versus FULTON COUNTY BOAD OF HEALTH ET, AL., Defendant-Appellee, CAROL LAWRENCE, et al., Human Resource Director, USCA11 Case: 24-10562 2 Document: 20-1 Date Filed: 04/30/2024 Opinion of the Court Page: 2 of 3 24-10562 Defendant. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-02265-ELR-CMS ____________________ Before NEWSOM, LAGOA, and ABUDU, Circuit Judges. PER CURIAM: Marva Monroe El appeals from the district court’s February 8, 2024 order adopting a magistrate judge’s report and recommendation (“R&R”). The district court’s order was not final and appealable however, because it did not end the proceedings on the merits. See 28 U.S.C. § 1291; Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 986 (11th Cir. 2022) (stating that an appealable final order ends the litigation on the merits and leaves nothing for the court to do but execute its judgment). Three of Monroe El’s claims against the Fulton County Board of Health remain pending before the district court, and the court did not certify its February 8 order for immediate review under Federal Rule of Civil Procedure 54(b). See Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012) (noting that an order that disposes of fewer than all claims against all parties to an action is not immediately appealable absent certification pursuant to Rule 54(b)). Nor is the district court’s February 8 order USCA11 Case: 24-10562 24-10562 Document: 20-1 Date Filed: 04/30/2024 Opinion of the Court Page: 3 of 3 3 effectively unreviewable on appeal from a final order 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, inter alia, is “effectively unreviewable on appeal from a final judgment”). Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. 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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