David Williams Nation v. Towns County State of Georgia

• Court: Court of Appeals for the Eleventh Circuit
• Decided: July 17, 2024
• Docket: 24-10326
• Status: Unpublished

Opinion

USCA11 Case: 24-10326 Document: 15-1 Date Filed: 07/17/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-10326 Non-Argument Calendar ____________________

DAVID WILLIAMS NATION, Petitioner-Appellant, versus TOWNS COUNTY STATE OF GEORGIA, WARDEN,

Respondents-Appellees.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 2:22-cv-00097-RWS USCA11 Case: 24-10326 Document: 15-1 Date Filed: 07/17/2024 Page: 2 of 3

2 Opinion of the Court 24-10326

Before LUCK, BRASHER, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. David Nation appeals directly from the magistrate judge’s January 4, 2024 report and recommendation (“R&R”) that recom- mended that his second amended complaint be dismissed. How- ever, at the time he signed his notice of appeal on January 13, 2024, the district court had not adopted the R&R or otherwise rendered it final. Thus, his notice of appeal is untimely because the R&R was not immediately appealable. See 28 U.S.C. § 1291; Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982) (ex- plaining that magistrate judge orders issued pursuant to 28 U.S.C. § 636(b) are not final and may not be appealed until ren- dered final by a district court). Moreover, the district court’s sub- sequent adoption of the R&R on January 23, 2024 did not cure the premature notice of appeal. See Perez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (providing that a magis- trate judge’s R&R that has not been adopted by the district court is not final and immediately appealable). 1

1 Nation filed a second notice of appeal after the district court adopted the

R&R, which is proceeding in appeal number 24-10534. USCA11 Case: 24-10326 Document: 15-1 Date Filed: 07/17/2024 Page: 3 of 3

24-10326 Opinion of the Court 3

All pending motions are DENIED as moot. 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.