Warren Fambro v. Central SP Warden

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 21, 2026
• Docket: 25-13802
• Status: Unpublished

Opinion

USCA11 Case: 25-13802 Document: 10-1 Date Filed: 01/21/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-13802 Non-Argument Calendar ____________________

WARREN FAMBRO, Petitioner-Appellant, versus

CENTRAL SP WARDEN, Respondent-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:25-cv-03936-SEG ____________________

Before JORDAN, ROSENBAUM, and NEWSOM, Circuit Judges. PER CURIAM: Warren Fambro, proceeding pro se, appeals from the mag- istrate judge’s August 25, 2025, order and final report and recom- mendation, which granted him leave to proceed in forma pauperis USCA11 Case: 25-13802 Document: 10-1 Date Filed: 01/21/2026 Page: 2 of 2

2 Opinion of the Court 25-13802

and recommended that his 28 U.S.C. § 2254 petition for writ of ha- beas corpus be dismissed. A magistrate judge’s recommendation on a dispositive mat- ter that has not been adopted or otherwise rendered final by the district court at the time the notice of appeal is filed is not final and appealable. See Perez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998); 28 U.S.C. §§ 636(b)(1), 1291. Addition- ally, Fambro lacks standing to challenge the magistrate judge’s grant of his application for leave to proceed in forma pauperis be- cause that ruling did not injure him in any way. See Wolff v. Cash 4 Titles, 351 F.3d 1348, 1353-54 (11th Cir. 2003); Nationwide Mut. Ins. Co. v. Barrow, 29 F.4th 1299, 1301 (11th Cir. 2022). Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. All pending motions are DENIED as moot.