Deante Gholston v. Commissioner, Georgia Department of Corrections

U.S. Court of Appeals for the Eleventh Circuit

Deante Gholston v. Commissioner, Georgia Department of Corrections

Opinion

USCA11 Case: 24-12670 Document: 8-1 Date Filed: 10/02/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-12670 Non-Argument Calendar ____________________

DEANTE GHOLSTON, Plaintiff-Appellant, versus COMMISSIONER, GEORGIA DEPARTMENT OF CORRECTIONS, SHARON LEWIS, Medical Director of GDC, DR. DITSLEAR,

Defendants-Appellees.

____________________ USCA11 Case: 24-12670 Document: 8-1 Date Filed: 10/02/2024 Page: 2 of 3

2 Opinion of the Court 24-12670

Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 1:24-cv-00073-JRH-BKE ____________________

Before ROSENBAUM, BRANCH, and LAGOA, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Deante Gholston appeals from the district court’s August 6, 2024, order adopting the magistrate judge’s report and recommen- dation and dismissing his claims against Tyrone Oliver and Sharon Lewis. We lack jurisdiction over this appeal because the August 6 order did not adjudicate all Gholston’s claims against all parties and, thus, did not end the litigation on the merits. See 28 U.S.C. § 1291; CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000); Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012); Fed. R. Civ. P. 54(b). The August 6 order adjudicated Gholston’s claims against Oliver and Lewis but not those against Dr. Cynthia Ditslear, which remain pending. The order is not otherwise appealable, as the district court did not cer- tify it for immediate appeal and it can be effectively reviewed after final judgment. See Plaintiff A v. Schair, 744 F.3d 1247, 1252-53 (11th Cir. 2014); 28 U.S.C. § 1292(b); Fed. R. Civ. P. 54(b); Microsoft Corp. v. Baker, 582 U.S. 23, 29 (2017). USCA11 Case: 24-12670 Document: 8-1 Date Filed: 10/02/2024 Page: 3 of 3

24-12670 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.

Reference

Status
Unpublished