Randy Capehart v. Commissioner of the Georgia Department of Corrections

USCA11 Case: 24-11795 Document: 4-1 Date Filed: 07/02/2024 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

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No. 24-11795

Non-Argument Calendar ____________________

RANDY LEE CAPEHART,

Plaintiff-Appellant, versus COMMISSIONER OF THE GEORGIA DEPARTMENT OF CORRECTIONS, ASSISTANT COMMISSIONER OVERSEEING DELIVERY OF HEALTH CARE, WHEELER CORRECTIONAL PRISON, DR. NEAV,

Defendants-Appellees. USCA11 Case: 24-11795 Document: 4-1 Date Filed: 07/02/2024 Page: 2 of 2 2 Opinion of the Court 24-11795

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Appeal from the United States District Court for the Southern District of Georgia

D.C. Docket No. 3:24-cv-00030-DHB-BKE

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Before ROSENBAUM, BRANCH, and LAGOA, Circuit Judges.

PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Randy Capehart appeals directly from the magistrate judge’s May 10, 2024 report and recommendation (“R&R”) that his amended complaint be dismissed, but the R&R was not a final or appealable decision. See 28 U.S.C. § 1291; Perez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (providing that a magistrate judge’s R&R that has not been adopted by the district court is not final and immediately appealable). Moreover, Capehart filed his notice of appeal before the district court adopted the R&R and rendered it final.

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.