Young v. Ward

S.D. Georgia

Young v. Ward

DecidedJune 4, 2021

Docket3:21-cv-00008

StatusUnknown

This text of Young v. Ward (Young v. Ward) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Young v. Ward, (S.D. Ga. 2021).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION U.S. DISTRICT COURT THOMAS YOUNG, wn Wi ; Hl JUN -U A 10 13 Plaintiff, ) Len MM. v. ) aig Meher □□□ ) TIM WARD, Commissioner; DIRECTOR ) SHEPPARD; JERMAINE WHITE, Warden; ) DEPUTY WARDEN WICKER; DEPUTY _ ) WARDEN KEITH; and DEPUTY WARDEN ) BEASLEY, ) ) Defendants. )

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation (“R&R”), to which no objections have been filed. In lieu of objections, Plaintiff filed a notice of appeal to the Eleventh Circuit, (doc. no. 12), which does not divest this Court of jurisdiction.' Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES Plaintiffs amended complaint for failure to state_a claim upon which relief may be granted, and CLOSES this civil action. oe / / SO ORDERED this day of June, 2021, at Augusta, Georgia. □□ \ / hs A Zoo UNITED STATES DISTRICT JUDGE

'Appealing a non-appealable order “does not have any effect on the district court’s jurisdiction.” United States v. Riolo, 398 F. App’x 568, 571 (11th Cir. 2010) (per curiam) (citing United States v. Hitchmon, 602 F.2d 689, 694 (Sth Cir. 1979) (en banc)). The Magistrate Judge’s R&R recommending dismissal of Plaintiffs complaint without prejudice is not interlocutorily appealable. See Garcia v. JP_ Morgan Chase, No. 1:11-CV-2149-AT, 2012 WL 13008803, at *1 (N.D. Ga. Mar. 9, 2012).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION U.S. DISTRICT COURT THOMAS YOUNG, wn Wi ; Hl JUN -U A 10 13 Plaintiff, ) Len MM. v. ) aig Meher □□□ ) TIM WARD, Commissioner; DIRECTOR ) SHEPPARD; JERMAINE WHITE, Warden; ) DEPUTY WARDEN WICKER; DEPUTY _ ) WARDEN KEITH; and DEPUTY WARDEN ) BEASLEY, ) ) Defendants. )

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation (“R&R”), to which no objections have been filed. In lieu of objections, Plaintiff filed a notice of appeal to the Eleventh Circuit, (doc. no. 12), which does not divest this Court of jurisdiction.' Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES Plaintiffs amended complaint for failure to state_a claim upon which relief may be granted, and CLOSES this civil action. oe / / SO ORDERED this day of June, 2021, at Augusta, Georgia. □□ \ / hs A Zoo UNITED STATES DISTRICT JUDGE

'Appealing a non-appealable order “does not have any effect on the district court’s jurisdiction.” United States v. Riolo, 398 F. App’x 568, 571 (11th Cir. 2010) (per curiam) (citing United States v. Hitchmon, 602 F.2d 689, 694 (Sth Cir. 1979) (en banc)). The Magistrate Judge’s R&R recommending dismissal of Plaintiffs complaint without prejudice is not interlocutorily appealable. See Garcia v. JP_ Morgan Chase, No. 1:11-CV-2149-AT, 2012 WL 13008803, at *1 (N.D. Ga. Mar. 9, 2012).

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Young v. Ward, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-ward-gasd-2021.

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