Rodney Berry v. Allison Murphy, et al, No. 23-12750 (11th Cir. 2023)

 Annotate this Case
Download PDF
USCA11 Case: 23-12750 Document: 6-1 Date Filed: 09/26/2023 Page: 1 of 3 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-12750 Non-Argument Calendar ____________________ RODNEY BERRY, Plainti -Appellant, versus JOHN / JANE DOE, Warden, FCC Coleman Medium, et al., Defendants, ALLISON MURPHY, Nurse, in her Individual and O cial Capacity, UNITED STATES OF AMERICA, RICHARD LI, Primary Care Provider, in his Individual USCA11 Case: 23-12750 2 Document: 6-1 Date Filed: 09/26/2023 Opinion of the Court Page: 2 of 3 23-12750 and O cial Capacity, K. GOMEZ, Clinical Director, in his Individual and O cial Capacity, L. MIRANDA, Family Nurse Practioner (FNP), in his Individual and O cial Capacity, MARI LASSALLE, RN, in her Individual and O cial 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 JORDAN, NEWSOM, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdiction. 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); USCA11 Case: 23-12750 23-12750 Document: 6-1 Date Filed: 09/26/2023 Opinion of the Court Page: 3 of 3 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.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.