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Neutral Court Opinion Apr 24, 2026

Waseem Daker v. Commissioner, Georgia Department of Corrections

── Waseem Daker v. Commissioner, Georgia Department of Corrections ── Court: Court of Appeals for the Eleventh Circuit Date: April 23, 2026 Category: NEW USCA11 Case: 24-13104 Document: 35-1 Date Filed: 04/23/2026 Page: 1 of 8 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-13104 Non-Argument Calendar ____________________ WASEEM DAKER, Plaintiff-Appellant, versus COMMISSIONER, GEORGIA DEPARTMENT OF CORRECTIONS, BRIAN OWENS, Former Commissioner, HOMER BRYSON, Former Commissioner, GREGORY DOZIER, Former Commissioner, JACK KOON, Facilities Director, et al., Defendants-Appellees. USCA11 Case: 24-13104 Document: 35-1 Date Filed: 04/23/2026 Page: 2 of 8 2 Opinion of the Court 24-13104 ____________________ Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 5:22-cv-00342-TES-TQL ____________________ Before JORDAN, KIDD, and DUBINA, Circuit Judges. PER CURIAM: Appellant Waseem Daker, proceeding pro se, appeals the Middle District of Georgia’s (“Middle District”) dismissal of his complaint without prejudice under 42 U.S.C. § 1983 for failure to comply with the Northern District of Georgia’s (“Northern Dis- trict”) permanent filing injunction against him and its denial of his motion to vacate or reconsider the dismissal order under Federal Rule of Civil Procedure 59(e). 1 Daker presents three arguments on appeal: (1) he contends that the Northern District’s filing injunction against him is an impermissible universal injunction and advisory opinion considering the Supreme Court’s decision in Trump v. CASA, Inc., 606 U.S. 831 (2025); (2) he argues that the district court abused its discretion in dismissing his original complaint for failure to comply with the Northern District’s filing injunction and reject- ing his amended complaint; and (3) he argues that the district court abused its discretion in denying his motion to vacate or reconsider its dismissal order under Fed. R. Civ. P. 59(e). Having reviewed 1 Daker also moves this Court to certify a question of law to the Georgia Su- preme Court. Because this appeal can be fully resolved without addressing questions of Georgia state law, Daker’s motion to certify is DENIED. USCA11 Case: 24-13104 Document: 35-1 Date Filed: 04/23/2026 Page: 3 of 8 24-13104 Opinion of the Court 3 the record and read Daker’s brief, 2 we affirm the district court’s or- der of dismissal. I. We review questions concerning the district court’s jurisdic- tion de novo. Zakrzewski v. McDonough, 490 F.3d 1264, 1267 (11th Cir. 2007). We review for an abuse of discretion a district court’s imposition of a filing injunction. Miller v. Donald, 541 F.3d 1091, 1095-96 (11th Cir. 2008). “A district court abuses its discretion when its factual findings are clearly erroneous, when it follows im- proper procedures, when it applies the incorrect legal standard, or when it applies the law in an unreasonable or incorrect manner.” Wreal, LLC v. Amazon.com, Inc., 840 F.3d 1244, 1247 (11th Cir. 2016). “Federal courts hav
CourtListener · Apr 23, 2026
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