DOE
v.
GUTTERIDGE JEANCHARLES, M.D., P.A.
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The district court lacks jurisdiction to rule on a motion that seeks review of a non-final order already under appeal to the Eleventh Circuit.
Plaintiff filed a motion asking the district court to modify or vacate a magistrate judge's order denying leave to proceed pseudonymously. This order …
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This cause comes before the Court for consideration without oral argument on Plaintiffs Motion to Modify or Vacate Order by Magistrate Judge Denying Leave to Proceed Pseudonymously for Review by District Court Judge (Dkt. 45), filed May 17, 2024. In his motion, Plaintiff asks this Court to amend or vacate a non-final order that Plaintiff asked the Court of Appeals for the Eleventh Circuit to review. [fn 1] See Dkt. 45 at 1–2, 4 (framing the motion as an objection to the February 20, 2024 order denying Plaintiffs motion for leave to proceed pseudonymously).
The filing of a notice of appeal divests a district court of jurisdiction as to those issues involved in the appeal. Doe v. Bush, 261 F. 3d 1037, 1064 (11th Cir. 2001). The appeal lasts until the Eleventh Circuit issues the mandate. Zaklama v. Mount Sinai Med. Ctr., 906 F. 2d 645, 649 (11th Cir. 1990). Because the Eleventh Circuit has not issued the mandate, this Court “is without any jurisdiction" to rule on the relief requested in the motion. Zaklama, 906 F. 2d at 649 (citing Federal Rule of Appellate Procedure 41).
Accordingly, it is ORDERED that Plaintiffs Motion to Modify or Vacate Order by Magistrate Judge Denying Leave to Proceed Pseudonymously for Review by District Court Judge (Dkt. 45) is DENIED without prejudice.
DONE and ORDERED in Orlando, Florida, on May 21, 2024.
Robert Norway ROBERT M. NORWAY United States Magistrate Judge
Copies to: Counsel of Record
[*2][fn 1]: After the issuance of the appealed non-final order, the parties consented to have a magistrate judge conduct all proceedings, including trial, entry of a final judgment, and all post-trial proceedings. Dkt. 34; see also 28 U.S.C. § 636(c); Fed. R. Civ. P. 73.
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Citator
Authorities Cited
- John/Jane DOE v. Jeb Bush, 261 F.3d 1037 (11th Cir. 2001)
- Esmat Zaklama, M.D. v. Mount Sinai Med. Ctr., 906 F.2d 645 (11th Cir. 1990)