VSP Atlanta, LLC v. Nekeshia Smith

Opinion

[DO NOT PUBLISH]

In the

United States Court of Appeals For the Eleventh Circuit

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No. 25-10429

Non-Argument Calendar

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VSP ATLANTA, LLC, Plaintiff-Appellee,

versus NEKESHIA SMITH, and All Others, a.k.a. Nyasia Smith,

Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Georgia

2

2 Opinion of the Court 25-10429

D.C. Docket No. 1:25-cv-00461-JPB

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Before ROSENBAUM, NEWSOM, and GRANT, Circuit Judges. PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdiction . Nekeshia Smith appeals directly from the magistrate judge’s February 6, 2025 report and recommendation (“R&R”) that her 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 Concrete 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 adoption 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.