Opinion · Court of Appeals for the Eleventh Circuit

Angela Perez-Priego v. Alachua County Clerk of Court

148 F.3d 1272

Type
Opinion
Court
Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
1998-08-04
Topic
litigation

How later courts describe this case

  • ruling that "the report and recommendation is not final and appealable” and appeal could not be perfected
  • holding that a magistrate judge’s R&R that has not been adopted by the district court is not final and immediately appealable
  • holding that a district court’s subsequent adoption of a recommendation cannot cure a premature appeal
  • holding that a magistrate judge’s recommendation that has not been adopted by the district court is not final and immediately appealable
  • holding that a magistrate judge’s R&R that has not been adopted by the district court is not final and appealable
  • holding that magistrate judge’s report and recommendation was not final and appealable where the district court had not adopted it before the notice of appeal was filed
  • holding that a magistrate judge’s report and recommendation was not final and appealable where the district court had not adopted it before the notice of appeal was filed
  • holding that a magistrate judge’s R&R was not final and appealable where the district court had not adopted it before the notice of appeal was filed

Citator

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Cited by
82 opinions
PER CURIAM:

Angela Perez-Priego appeals the magistrate judge’s report recommending that her civil-rights complaint be dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B)®.

The magistrate’s report and recommendation had not been adopted by the district court at the time that Perez-Priego filed the notice of appeal and therefore the report and recommendation is not final and appeal-able. See 28 U.S.C. § 636(b)(1); Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir.1982). Likewise, Perez-Priego’s notice of appeal was not valid to perfect the appeal as of the date of the district court’s judgment. See FirsTier Mortgage Co. v. Investors Mortgage Ins. Co., 498 U.S. 269, 276, 111 S.Ct. 648, 653, 112 L.Ed.2d 743 (1991); Billingsley v. Jefferson County, 953 F.2d 1351, 1353-54 (11th Cir.1992). .Accordingly, this appeal is DISMISSED for lack of jurisdiction. 1

1

. We examine our jurisdiction sua sponte even though neither party has raised the issue.