Darius Morris v. Dooly SP Warden

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 13, 2025
• Docket: 25-12106
• Status: Unpublished

Opinion

USCA11 Case: 25-12106 Document: 9-1 Date Filed: 08/13/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 25-12106 Non-Argument Calendar ____________________

DARIUS MORRIS, Petitioner-Appellant, versus DOOLY SP WARDEN,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:24-cv-05532-LMM ____________________ USCA11 Case: 25-12106 Document: 9-1 Date Filed: 08/13/2025 Page: 2 of 2

2 Opinion of the Court 25-12106

Before BRANCH, GRANT, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdiction because it is not taken from a final or immediately appealable or- der. Darius Morris, pro se, appears to seek review of the magis- trate judge’s report and recommendation (“R&R”) that his 28 U.S.C. § 2254 petition be dismissed and the associated order for ser- vice of the R&R upon the parties, both of which were entered on June 3, 2025. The magistrate judge’s R&R is not final or appealable because the district court had not adopted it or rendered it final when Morris appealed. See 28 U.S.C. § 1291 (providing that appel- late jurisdiction is generally limited to “final decisions of the district courts”); Perez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (explaining that a magistrate judge’s R&R that has not been adopted by the district court is not final or immedi- ately appealable). Moreover, the district court’s later adoption of the R&R did not cure Morris’s premature appeal. See Perez-Priego, 148 F.3d at 1273. Finally, the magistrate judge’s order for service of the R&R is not a final or otherwise immediately appealable or- der. See 28 U.S.C. § 1291; CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000) (explaining that final orders generally end litigation on the merits). All pending motions are DENIED as moot.