Torrieo Monte Johnson v. United States

• Court: Court of Appeals for the Eleventh Circuit
• Decided: May 20, 2025
• Docket: 25-11248
• Status: Unpublished

Opinion

USCA11 Case: 25-11248 Document: 9-1 Date Filed: 05/20/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 25-11248 Non-Argument Calendar ____________________

TORRIEO MONTE JOHNSON, a.k.a Torrieo Corker, Petitioner-Appellant, versus UNITED STATES OF AMERICA,

Respondent-Appellee.

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket Nos. 7:24-cv-00037-LAG-ALS, USCA11 Case: 25-11248 Document: 9-1 Date Filed: 05/20/2025 Page: 2 of 2

2 Opinion of the Court 25-11248

7:20-cr-00009-LAG-ALS-1 ____________________

Before JORDAN, ROSENBAUM, and LUCK, Circuit Judges. PER CURIAM: Torrieo Monte Johnson, proceeding pro se, appeals from the magistrate judge’s report and recommendation (“R&R”) that his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 be denied. We lack jurisdiction over this appeal because it is taken from an R&R that the district court has not adopted or otherwise rendered final. See 28 U.S.C. § 1291 (providing that the courts of appeals have jurisdiction over “appeals from all final de- cisions of the district courts”); Perez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (explaining that such an R&R is not final and appealable and that subsequent adoption does not cure a premature notice of appeal). Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. 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.