Rodney Berry v. Allison Murphy, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12750
Non-Argument Calendar
____________________
RODNEY BERRY,
Plaintiff-Appellant,
versus
JOHN / JANE DOE,
Warden, FCC Coleman Medium, et al.,
Defendants,
ALLISON MURPHY,
Nurse, in her Individual and Official Capacity,
UNITED STATES OF AMERICA,
RICHARD LI,
Primary Care Provider, in his Individual
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2 Opinion of the Court 23-12750
and Official Capacity,
K. GOMEZ,
Clinical Director, in his Individual and Official Capacity,
L. MIRANDA,
Family Nurse Practioner (FNP), in his Individual
and Official Capacity,
MARI LASSALLE,
RN, in her Individual and Official Capacity,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 5:21-cv-00351-BJD-PRL
____________________
Before J ORDAN, NEWSOM , and BRASHER , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Rodney Berry, a federal prisoner proceeding pro se, appeals
from the district court’s order and judgment in favor of five out of
six named defendants. The order and judgment are not final and
appealable, however, because the district court has not yet resolved
the rights and liabilities of the United States and did not certify its
judgment for immediate appeal. See 28 U.S.C. §§ 1291, 1292(b);
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23-12750 Opinion of the Court 3
Fed. R. Civ. P. 54(b); Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979,
986 (11th Cir. 2022); Supreme Fuels Trading FZE v. Sargeant, 689 F.3d
1244, 1246 (11th Cir. 2012).
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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