21-11400
11th Cir.Mar 11, 2025Background
- Waseem Daker, a Georgia prisoner, filed a civil action pro se against numerous individuals regarding the conditions of his confinement and alleged wrongs since his 2012 incarceration.
- His original complaint was dismissed under the PLRA's "three-strikes" rule but later reinstated on appeal in 2018.
- Daker subsequently filed numerous motions seeking injunctive relief, including requests for special meal accommodations during Eid, law library and photocopy access, release from segregated confinement, and to prevent forced shaving of his beard.
- The district court denied these motions, and Daker appealed the denials of injunctive relief while the underlying litigation continued.
- Ultimately, the district court dismissed Daker’s entire complaint with prejudice for failure to comply with a sanctions order after Daker refused to answer deposition questions; that final judgment was affirmed on a separate appeal.
- This opinion addresses only Daker's interlocutory appeal of the denial of his preliminary injunction requests, after final judgment had been entered in his underlying case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of interlocutory appeal after final judgment | Case is not moot; denial of photocopying order led to dismissal, so appellate review is warranted | Final judgment renders the injunctive appeals moot | Appeal dismissed as moot |
| Effect of denial of photocopying on ability to defend case | Unable to show indigency re: sanctions, so the order's denial should be reviewed | Claim does not fit an exception to mootness | Argument rejected |
| Application of exceptions to mootness doctrine | Argued for collateral consequences or repetition exceptions | No applicable exception to mootness | Exceptions not applicable |
| Scope of interlocutory appellate jurisdiction | Appeals from non-final orders should be reviewed due to their effects | Non-final orders merge into final judgment on full case | Jurisdiction lacking |
Key Cases Cited
- Daker v. Jackson, 942 F.3d 1252 (11th Cir. 2019) (detailing Daker's litigation history as a serial pro se filer)
- English v. City of Gainesville, 75 F.4th 1151 (11th Cir. 2023) (federal courts must confirm jurisdiction before proceeding)
- Bourgeois v. Peters, 387 F.3d 1303 (11th Cir. 2004) (mootness as a jurisdictional threshold in federal courts)
- Vital Pharms., Inc. v. Alfieri, 23 F.4th 1282 (11th Cir. 2022) (mootness caused by intervening events)
- Burton v. State of Ga., 953 F.2d 1266 (11th Cir. 1992) (preliminary injunction orders merge into final judgments upon entry)
- Barfield v. Brierton, 883 F.2d 923 (11th Cir. 1989) (final judgment appeal incorporates all prior non-final orders)
- Brooks v. Ga. State Bd. of Elections, 59 F.3d 1114 (11th Cir. 1995) (exceptions to mootness and appellate procedure)
- Christian Coal. of Fla., Inc. v. United States, 662 F.3d 1182 (11th Cir. 2011) (defining mootness as the absence of a live controversy)