U.S. Court of Appeals for the Eleventh Circuit, 2023

Bernadette Denise Dickerson v. Conduent Commercial Solutions, LLC

Bernadette Denise Dickerson v. Conduent Commercial Solutions, LLC
U.S. Court of Appeals for the Eleventh Circuit · Decided October 16, 2023

Bernadette Denise Dickerson v. Conduent Commercial Solutions, LLC

Opinion

USCA11 Case: 23-12766 Document: 13-1 Date Filed: 10/16/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-12766 Non-Argument Calendar ____________________ BERNADETTE DENISE DICKERSON, Plaintiff-Appellant, versus CONDUENT COMMERCIAL SOLUTIONS, LLC,

Defendant-Appellee.

____________________ Appeal from the United States District Court for the Middle District of Alabama D.C. Docket No. 2:23-cv-00064-RAH-JTA ____________________ USCA11 Case: 23-12766 Document: 13-1 Date Filed: 10/16/2023 Page: 2 of 2

2 Opinion of the Court 23-12766

Before ROSENBAUM, JILL PRYOR, and ABUDU, Circuit Judges.

PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Bernadette Dickerson appeals directly from the magistrate judge’s June 30, 2023 report and recommendation (“R&R”) that Conduent Commercial Solutions, LLC’s motion to dismiss her complaint be granted. However, the R&R was not final or imme- diately appealable, and Dickerson filed the construed notice of ap- peal before the district court adopted the R&R. See 28 U.S.C. § 1291; Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982) (explaining that magistrate judge orders issued pur- suant to 28 U.S.C. § 636(b) are not final and may not be appealed until rendered final by a district court); Perez-Priego v. Alachua Cnty.

Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (providing that a magistrate judge’s R&R that has not been adopted by the district court is not final and immediately appealable). Moreover, the dis- trict court’s adoption of the R&R did not cure the instant prema- ture notice of appeal. See Perez-Priego, 148 F.3d at 1273.

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.

All pending motions are DENIED as moot.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.