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[DO NOT PUBLISH]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
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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
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Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-04173-JPB
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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.