Orlando Jefferson v. Sherry Boston

• Court: Court of Appeals for the Eleventh Circuit
• Decided: September 20, 2023
• Docket: 23-12725
• Status: Unpublished

Opinion

USCA11 Case: 23-12725 Document: 6-1 Date Filed: 09/20/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-12725 Non-Argument Calendar ____________________

ORLANDO JEFFERSON, Plaintiff-Appellant, versus SHERRY BOSTON, DOUG WILLIAMS, KAREN SHEPARD,

Defendants-Appellees,

RICHARD W. MERRITT, USCA11 Case: 23-12725 Document: 6-1 Date Filed: 09/20/2023 Page: 2 of 3

2 Opinion of the Court 23-12725

Defendant.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-02692-VMC ____________________

Before ROSENBAUM, JILL PRYOR, and GRANT, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Orlando Jefferson, a state prisoner proceeding pro se, appeals from the magistrate judge’s order and final report and recommen- dation (“R&R”) recommending dismissal of his complaint and re- moving Richard W. Merritt from the case because he was not named in Jefferson’s amended complaint. At the time of Jefferson’s appeal, deemed filed on August 2, 2023, the district court had not yet adopted the R&R, and thus, we lack jurisdiction to review it. See Fed. R. App. P. 4(c)(1); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014); Perez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998). We similarly lack jurisdiction to review the magistrate judge’s order terminating Merritt as a de- fendant because Jefferson did not challenge that ruling in the dis- trict court. See United States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009). USCA11 Case: 23-12725 Document: 6-1 Date Filed: 09/20/2023 Page: 3 of 3

23-12725 Opinion of the Court 3

No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.