FP Riverdale, LLC v. Thelis Adkins

USCA11 Case: 23-13437 Document: 5-1 Date Filed: 12/14/2023 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-13437

Non-Argument Calendar ____________________

FP RIVERDALE, LLC,

FAROS PROPERTY MANAGEMENT LLC,

Plaintiffs-Appellees, versus

THELIS ADKINS,

Defendant-Appellant,

AND ALL OTHERS,

Defendant. USCA11 Case: 23-13437 Document: 5-1 Date Filed: 12/14/2023 Page: 2 of 2

2 Opinion of the Court 23-13437 ____________________

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-04173-JPB ____________________

Before BRANCH, BRASHER, and ABUDU, Circuit Judges.

PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Thelis Adkins appeals, pro se, from a magistrate judge’s Sep- tember 19, 2023, report and recommendation that Adkins’s action be remanded to state court. The magistrate judge’s recommenda- tion, however, is not final or appealable to this Court, as an appeal from a magistrate judge order must be taken to the district court. See United States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009). Even if the district judge ultimately adopts the report and recom- mendation, that would not cure Adkins’s premature notice of ap- peal. 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.