David Orlando Noel, Sr. v. District Attorney - Dougherty County, City of Albany, Georgia

• Court: Court of Appeals for the Eleventh Circuit
• Decided: February 9, 2026
• Docket: 25-14083
• Status: Unpublished

Opinion

USCA11 Case: 25-14083 Document: 5-1 Date Filed: 02/09/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-14083 Non-Argument Calendar ____________________

DAVID ORLANDO NOEL, SR., Plaintiff-Appellant, versus

DISTRICT ATTORNEY - DOUGHERTY COUNTY, CITY OF ALBANY, GEORGIA, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 1:25-cv-00101-LAG-ALS ____________________

Before ROSENBAUM, JILL PRYOR, and KIDD, Circuit Judges. PER CURIAM: David Orlando Noel, Sr., a Georgia state prisoner proceed- ing pro se, appeals from the magistrate judge’s October 2, 2025, USCA11 Case: 25-14083 Document: 5-1 Date Filed: 02/09/2026 Page: 2 of 2

2 Opinion of the Court 25-14083

order and final report and recommendation, which granted him leave to proceed in forma pauperis and recommended that his 42 U.S.C. § 1983 complaint be dismissed. A magistrate judge’s recommendation on a dispositive mat- ter that has not been adopted or otherwise rendered final by the district court at the time the notice of appeal is filed is not final and appealable. See Perez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998); 28 U.S.C. §§ 636(b)(1), 1291. Addition- ally, Noel lacks standing to challenge the magistrate judge’s grant of his application for leave to proceed in forma pauperis because that ruling did not injure him in any way. See Wolff v. Cash 4 Titles, 351 F.3d 1348, 1353-54 (11th Cir. 2003); Nationwide Mut. Ins. Co. v. Barrow, 29 F.4th 1299, 1301 (11th Cir. 2022). Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction.