In Re Stephen Murray

Question: A Circuit Court of Appeals must consider appeals of dismissals with prejudice taken under 28 U.S.C. § 1291 and 28 U.S.C. § 1292(a)(1), as "a matter of right" {Heckler v. Edwards, 465 U.S. 870,876 (1984)). All Plaintiffs claims, and motions for injunction, were dismissed with prejudice in Florida Southern District 2:21-cv-14355 on August 31, 2022. Denied any path to amend "piecemeal", Plaintiff appealed those dismissals with prejudice. The 11th Circuit ruled that, or as if, the dismissals with prejudice (injunction refusals) didn't take place and Plaintiff had no right to appeal them. And ruled incorrectly that Plaintiff had opportunity to amend, without considering the real legal details raised by Plaintiff. Plaintiff then filed in the District a Motion to Vacate the same dismissals with prejudice (new evidence), was denied, and the case was closed. Plaintiff then appealed the same dismissals with prejudice citing Baldwin v. Redwood City, and the denial of vacate. The 11th Circuit again refused to consider Plaintiffs appeal of the same dismissals with prejudice, and of the denial of vacate. By again asserting discretion to belatedly interpret the dismissals as giving leave to amend, and construe Plaintiffs appeals of dismissals with prejudice as appeals of a shotgun ruling. The 11th Circuit refused to review these dismissals which Plaintiff was given notice of and confined to appealing, to the exclusion of any other legal path. But without any hearing disputing the right to have such appeals considered and reported to this Court.