Christopher Desilien v. Florida Department of Corrections

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-10402
Non-Argument Calendar
____________________
CHRISTOPHER DESILIEN,
Petitioner-Appellant,
versus
FLORIDA DEPARTMENT OF CORRECTIONS,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 9:22-cv-80622-KMW
____________________
USCA11 Case: 23-10402 Document: 16-1 Date Filed: 05/22/2023 Page: 1 of 2

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2 Opinion of the Court 23-10402
Before WILSON , LUCK , and LAGOA, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Christopher Desilien, proceeding pro se, has appealed from
the district court’s January 24, 2023 order denying his three mo-
tions for release from custody pending the resolution of his
28 U.S.C. § 2254 habeas corpus petition. While this appeal was
pending, the district court entered a final order denying the § 2254
petition with prejudice. Because the district court has now finally
resolved the action in its entirety, Mr. Desilien’s challenge to the
denial of his motions for release from custody pending the resolu-
tion of his § 2254 petition is moot. See Pagan v. United States, 353
F.3d 1343, 1346 (11th Cir. 2003) (noting that a final decision on the
merits of a habeas petition “renders moot the issue of whether a
prisoner is entitled to be released pending resolution of the post-
conviction relief proceeding”); cf. Murphy v. Hunt, 455 U.S. 478, 481-
84, 481 n.5 (1982) (holding that a criminal defendant’s claim to pre-
trial bail was moot once he was convicted). Accordingly, we lack
jurisdiction over the appeal.
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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