Evan Miles v. Elijah Lampkin

• Court: Court of Appeals for the Eleventh Circuit
• Decided: April 9, 2025
• Docket: 25-10530
• Status: Unpublished

Opinion

USCA11 Case: 25-10530 Document: 8-1 Date Filed: 04/09/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 25-10530 Non-Argument Calendar ____________________

EVAN MILES, CENTRAL GEORGIA REALTY LLC, d.b.a. GTL Real Estate, Plaintiffs-Appellees, versus ELIJAH MALACHI LAMPKIN, and All Other Occupants,

Defendant-Appellant.

____________________ USCA11 Case: 25-10530 Document: 8-1 Date Filed: 04/09/2025 Page: 2 of 2

2 Opinion of the Court 25-10530

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:25-cv-00661-JPB ____________________

Before NEWSOM, BRANCH, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Elijah Lampkin appeals directly from the magistrate judge’s February 11, 2025 report and recommendation (“R&R”) that his case be remanded to state court, but the R&R was not a final or appealable decision. See 28 U.S.C. § 1291; Donovan v. Sarasota Con- crete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982) (providing that a magistrate judge’s action that has not been adopted by the district court is not final and immediately appealable). Subsequent adop- tion of the R&R would not cure the premature notice of appeal. See Perez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998). 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.