VSP Atlanta, LLC v. Nekeshia Smith

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 26, 2025
• Docket: 25-10429
• Status: Unpublished

Opinion

USCA11 Case: 25-10429 Document: 5-1 Date Filed: 03/26/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 25-10429 Non-Argument Calendar ____________________

VSP ATLANTA, LLC, Plaintiff-Appellee, versus NEKESHIA SMITH, and All Others, a.k.a. Nyasia Smith,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Georgia USCA11 Case: 25-10429 Document: 5-1 Date Filed: 03/26/2025 Page: 2 of 2

2 Opinion of the Court 25-10429

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

Before ROSENBAUM, NEWSOM, and GRANT, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. 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 Con- crete 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 adop- tion 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.