Mark Boyd v. Commissioner, Georgia Department of Corrections

• Court: Court of Appeals for the Eleventh Circuit
• Decided: November 20, 2024
• Docket: 24-12542
• Status: Unpublished

Opinion

USCA11 Case: 24-12542 Document: 17-1 Date Filed: 11/20/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-12542 Non-Argument Calendar ____________________

MARK BRADLEY BOYD, Petitioner-Appellant, versus WHEELER CORRECTIONAL FACILITY, COMMISSIONER, GEORGIA DEPARTMENT OF CORRECTIONS,

Respondents-Appellees.

Appeal from the United States District Court for the Northern District of Georgia USCA11 Case: 24-12542 Document: 17-1 Date Filed: 11/20/2024 Page: 2 of 2

2 Opinion of the Court 24-12542

D.C. Docket No. 3:24-cv-00067-TCB ____________________

Before JORDAN, NEWSOM, and LAGOA, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Mark Boyd, proceeding pro se, appeals directly from the mag- istrate judge’s report and recommendation (“R&R”) that his 28 U.S.C. § 2254 petition be denied. However, the district court had not adopted the R&R or otherwise rendered it final when Boyd ap- pealed, and the district court’s later adoption cannot cure his prem- ature appeal. See 28 U.S.C. § 1291; Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982) (explaining that magistrate judge orders issued pursuant to 28 U.S.C. § 636(b) are not final and may not be appealed until rendered final by a district court); Pe- rez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (holding that a magistrate judge’s R&R that has not been adopted by the district court is not final and immediately appeala- ble). 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.