The Crest at Berkeley Lake v. Cecilia Ward

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 1, 2024
• Docket: 24-12084
• Status: Unpublished

Opinion

USCA11 Case: 24-12084 Document: 8-1 Date Filed: 08/01/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-12084 Non-Argument Calendar ____________________

THE CREST AT BERKELEY LAKE, THE MANAGEMENT GROUP, LLC, Plaintiffs-Appellees, versus CECILIA WARD, and all other occupants,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Georgia USCA11 Case: 24-12084 Document: 8-1 Date Filed: 08/01/2024 Page: 2 of 2

2 Opinion of the Court 24-12084

D.C. Docket No. 1:24-cv-02539-SCJ ____________________

Before WILSON, NEWSOM, and LAGOA, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Cecilia Ward, pro se, appeals directly from the magistrate judge’s report and recommendation (“R&R”) that her case be re- manded to state court for lack of subject matter jurisdiction. How- ever, the district court had not adopted the R&R or otherwise ren- dered it final when Ward appealed, and a later adoption cannot cure the premature appeal. See 28 U.S.C. § 1291; Donovan v. Sara- sota 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 dis- trict court); Perez-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 immedi- ately appealable). 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.