U.S. Court of Appeals for the Eleventh Circuit, 2024

The Crest at Berkeley Lake v. Cecilia Ward

The Crest at Berkeley Lake v. Cecilia Ward
U.S. Court of Appeals for the Eleventh Circuit · Decided August 1, 2024

The Crest at Berkeley Lake v. Cecilia Ward

Opinion

USCA11 Case: 24-12084 Document: 8-1 Date Filed: 08/01/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-12084 Non-Argument Calendar ____________________ THE CREST AT BERKELEY LAKE, THE MANAGEMENT GROUP, LLC, Plaintiffs-Appellees, versus CECILIA WARD, and all other occupants,

Defendant-Appellant.

____________________ Appeal from the United States District Court for the Northern District of Georgia USCA11 Case: 24-12084 Document: 8-1 Date Filed: 08/01/2024 Page: 2 of 2

2 Opinion of the Court 24-12084 D.C. Docket No. 1:24-cv-02539-SCJ ____________________ Before WILSON, NEWSOM, and LAGOA, Circuit Judges.

PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Cecilia Ward, pro se, appeals directly from the magistrate judge’s report and recommendation (“R&R”) that her case be re- manded to state court for lack of subject matter jurisdiction. How- ever, the district court had not adopted the R&R or otherwise ren- dered it final when Ward appealed, and a later adoption cannot cure the premature appeal. See 28 U.S.C. § 1291; Donovan v. Sara- sota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982) (explaining that magistrate judge orders issued pursuant to 28 U.S.C. § 636(b) are not final and may not be appealed until rendered final by a dis- trict court); Perez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (holding that a magistrate judge’s R&R that has not been adopted by the district court is not final and immedi- ately appealable).

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.

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