Orlando Jefferson v. Sherry Boston, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12725
Non-Argument Calendar
____________________
ORLANDO JEFFERSON,
Plaintiff-Appellant,
versus
SHERRY BOSTON,
DOUG WILLIAMS,
KAREN SHEPARD,
Defendants-Appellees,
RICHARD W. MERRITT,
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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).
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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.
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