Opinion
8:20-cv-194-WFJ-JSS
06-01-2021
TONEY HOSLEY, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent.
ORDER
WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE
Before the Court is Mr. Hosley's Motion to Request Leave to File an Interlocutory Appeal (Doc. 41). It appears from the motion that Mr. Hosley seeks an order from the Eleventh Circuit Court of Appeals rather than this Court. Nonetheless, to the extent Petitioner intended to file a motion for certification of interlocutory appeal of this Court's orders denying his motion for summary judgment and motions for reconsideration of the order denying summary judgment (see Docs. 34, 36, 40), the motion is DENIED because none of the orders “involves a controlling question of law as to which there is substantial ground for difference of opinion[.]”
28 U.S.C. § 1292(b) provides, in relevant part, the following with respect to interlocutory decisions:
ORDERED in Tampa, Florida, on June 2, 2021.
When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state