Reyes v. Johnson

U.S. Court of Appeals for the Fifth Circuit December 2, 2004

Reyes v. Johnson, 122 F. App'x 697 (5th Cir. 2004)

Opinion

PER CURIAM: *

Jorge Reyes attempts to appeal in a civil rights action filed pursuant to 42 U.S.C. § 1983. The magistrate judge entered a written report recommending that Reyes’ complaint be dismissed. Reyes filed a notice of appeal after the magistrate judge issued his recommendation but before any decision was announced by the district court. Reyes’ premature notice of appeal was ineffective to invoke the jurisdiction of *698 this court. See United States v. Cooper, 135 F.3d 960, 961 (5th Cir. 1998); see also Trufant v. Autocon, Inc., 729 F.2d 308, 309 (5th Cir. 1984). The appeal is DISMISSED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *698 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name: Jorge REYES, Plaintiff-Appellant, v. Gary L. JOHNSON; Joe D. Crawford, M.D.; S. Lofton, Physician’s Assistant; Toddy A. Foxworth; Jesse Wicks, Assistant Warden Jerry Leviston, Staff Nurse; Brenda Jenkins, Assistant Nurse; Connie Justice, Clerk II, Defendants-Appellees
Status: Unpublished