Order of Dismissal (11th Cir.) — Wall v. CDC

Record facts

U.S. Court of Appeals for the Eleventh Circuit · No. 6:21-cv-00975-PGB-DCI · Doc. 74 · 2021-06-30 · Docket on CourtListener

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UNITED STATES COURT OF APPEALS 
FOR THE ELEVENTH CIRCUIT 
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING 
56 Forsyth Street, N.W. 
Atlanta, Georgia 30303 
David J. Smith 
Clerk of Court  
 
 
June 30, 2021  
For rules and forms visit
www.ca11.uscourts.gov
 
Lucas Wall 
435 10TH ST NE 
WASHINGTON, DC 20002 
 
Appeal Number:  21-12179-D  
Case Style:  Lucas Wall v. Centers for Disease Control and Prevention, et al 
District Court Docket No:  6:21-cv-00975-PGB-DCI 
 
The enclosed copy of this Court's Order of Dismissal is issued as the mandate of this court. See 
11th Cir. R. 41-4. Counsel and pro se parties are advised that pursuant to 11th Cir. R. 27-2, "a 
motion to reconsider, vacate, or modify an order must be filed within 21 days of the entry of 
such order. No additional time shall be allowed for mailing."  
 
Sincerely, 
 
DAVID J. SMITH, Clerk of Court 
 
Reply to: Scott O'Neal, D 
Phone #: (404) 335-6189 
 
Enclosure(s)  
 
DIS-4 Multi-purpose dismissal letter 
 
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IN THE UNITED STATES COURT OF APPEALS 
 
FOR THE ELEVENTH CIRCUIT 
________________________ 
 
No.  21-12179-D 
________________________ 
 
LUCAS WALL,  
 
                                                                                  
 
 
    Plaintiff-Appellant, 
 
                                                                         versus 
 
CENTERS FOR DISEASE CONTROL AND PREVENTION,  
DEPARTMENT OF HEALTH AND HUMAN SERVICES,  
TRANSPORTATION SECURITY ADMINISTRATION,  
DEPARTMENT OF HOMELAND SECURITY,  
DEPARTMENT OF TRANSPORTATION,  
GREATER ORLANDO AVIATION AUTHORITY, et al., 
 
                                                                                  
 
           Defendants-Appellees. 
________________________ 
 
Appeal from the United States District Court 
for the Middle District of Florida 
________________________ 
 
Before:  WILLIAM PRYOR, Chief Judge, JORDAN, and LUCK, Circuit Judges. 
 
BY THE COURT: 
 
 
This is the second time we are called upon to review this matter.  The instant “notice of 
appeal” was first filed directly in this Court as an “Emergency Petition for Permission to 
Appeal” in case number 21-90017.  We denied Wall’s petition, reasoning that there was no basis 
for granting the petition.  Additionally, we declined to treat the petition as a notice of appeal, 
partly because none of the district court orders were final and appealable when Wall filed the 
petition.  Nonetheless, it appears that Wall also filed an identical copy of his petition with the 
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district court, which has now given rise to the instant appeal.  We sua sponte DISMISS this 
appeal for lack of jurisdiction. 
In this appeal, Wall has indicated that he is appealing the order denying his motion for a 
temporary restraining order.  Just as we noted in case number 21-90017, this order was not 
appealable when Wall filed his “notice of appeal.”  See Ingram v. Ault, 50 F.3d 898, 899–900 
(11th Cir. 1995).  In particular, we note that Wall’s refusal to refile his preliminary injunction 
motion in the district court in compliance with the court’s local rules, as noted in the magistrate 
judge’s order, is an insufficient basis for us to exercise our appellate jurisdiction in this case.  See 
Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223, 1225 (11th Cir. 2005) (noting that we may 
review an order granting or denying a TRO if it might have serious, perhaps irreparable 
consequences and it can only be effectively challenged via an immediate appeal).   
All pending motions are DENIED as moot.  No motion for reconsideration may be filed 
unless it complies with the timing and other requirements of 11th Cir. R. 27-2 and all other 
applicable rules. 
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