Robert O. Dinkins v. Ms Barnett T, No. 23-12730 (11th Cir. 2023)
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USCA11 Case: 23-12730 Document: 9-1 Date Filed: 10/25/2023 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-12730 Non-Argument Calendar ____________________ ROBERT O. DINKINS, Plainti -Appellant, versus MS BARNETT T, USP ATL Medical Member, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-03230-LMM USCA11 Case: 23-12730 2 Document: 9-1 Date Filed: 10/25/2023 Opinion of the Court Page: 2 of 2 23-12730 ____________________ Before ROSENBAUM, BRANCH, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdiction. Robert Dinkins, a federal prisoner proceeding pro se, appeals from the magistrate judge’s final report and recommendation (“R&R”) recommending dismissal of his complaint. At the time of Dinkins’s appeal, deemed filed on July 31, 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). The district court’s later adoption of the R&R does not cure Dinkins’s premature notice of appeal. See Perez-Priego, 148 F.3d at 1273. 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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