Carsheila T. Simmons v. Postmaster General United States Postal Services

• Court: Court of Appeals for the Eleventh Circuit
• Decided: October 22, 2024
• Docket: 24-12928
• Status: Unpublished

Opinion

USCA11 Case: 24-12928 Document: 8-1 Date Filed: 10/22/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-12928 Non-Argument Calendar ____________________

CARSHEILA T. SIMMONS, Plaintiff-Appellant, versus POSTMASTER GENERAL UNITED STATES POSTAL SERVICES,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-05863-MLB USCA11 Case: 24-12928 Document: 8-1 Date Filed: 10/22/2024 Page: 2 of 2

2 Opinion of the Court 24-12928

Before JILL PRYOR, GRANT, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Carsheila Simmons appeals from the magistrate judge’s re- port and recommendation (“R&R”) recommending that the action be dismissed without prejudice, which is pending before the district court. We lack jurisdiction over this appeal because a magistrate judge’s R&R that the district court has not adopted or otherwise rendered final at the time of appeal is not a final and appealable order. See 28 U.S.C. §§ 636, 1291; Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982); Perez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998). Further, to the extent that Simmons appeals the magistrate judge’s denial of her motion for appointment of counsel, we lack jurisdiction to review that decision because it, too, has not been rendered final. See Do- novan, 693 F.2d at 1066-67. 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.