Presidential Candidate Number P60005535 v. United States Patent and Trademark Office

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION PRESIDENTIAL CANDIDATE NUMBER _) P60005535, “also known as” (aka) RONALD ) SATISH EMRIT, and PRESIDENTIAL ) COMMITTEE/SEPARATE SEGREGATED ) FUND (SSF) NUMBER C00569897 d/b/a) UNITED EMRITS OF AMERICA, ) ) Plaintiffs, ) ) v. ) CV 125-082 ) UNITED STATES PATENT AND ) TRADEMARK OFFICE (USPTO); UNITED ) STATES DEPARTMENT OF COMMERCE; ) NASA GODDARD SPACE FLIGHT ) CENTER (GSFC); AMERICAN INSTITUTE ) OF PHYSICS (AIP); KENNEDY SPACE _) CENTER; and NATIONAL SCIENCE ) FOUNDATION (NSF), ) ) Defendants. )

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which no objections have been filed. In lieu of objections, Plaintiff filed a Notice of Appeal to the Eleventh Circuit Court of Appeals. (Doc. no. 7.) Plaintiff's appeal to the Eleventh Circuit regarding the recommendation of dismissal does not divest this Court of jurisdiction to proceed.!

‘Although filing a notice of appeal generally divests a district court of jurisdiction over those issues involved in the appeal, “‘a notice of appeal filed with respect to a non-appealable order does not have any effect on the district court’s jurisdiction.” United States v. Riolo, 398 F. App’x 568, 571 (11th Cir. 2010) (per curiam) (citation omitted). The recommendation for dismissal by

Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES Plaintiff's complaint, and CLOSES this civil action. SO ORDERED this / day of May, 2025, at Augusta, Georgia. a oe ;

HONORABLE J RANDAL HALL { UNITED SJ'ATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA

the Magistrate Judge is not an appealable order. See Young v. Ward, Civ. Act. No. 321-008, 2021 WL 2295586, at *1 & n.1 (S.D. Ga. June 4, 2021); Garcia v. JP Morgan Chase, No. 1:11-CV- 2149-AT, 2012 WL 13008803, at *1 & n.1 (N.D. Ga. Mar. 9, 2010).