Dontavious Ellis v. Fulton County Jail, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11555
Non-Argument Calendar
____________________
DONTAVIOUS ELLIS,
Plaintiff-Appellant,
versus
FULTON COUNTY JAIL,
SHERIFF, FULTON COUNTY GEORGIA,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-01798-AT
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2 Opinion of the Court 23-11555
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Before WILSON , B RANCH, and LUCK , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Dontavious Ellis appeals directly from the magistrate judge’s
April 24, 2023 report and recommendation (“R&R”) denying him
permission to proceed in forma pauperis and recommending that the
complaint be dismissed. However, the R&R was not a final, ap-
pealable order, and Ellis filed his notice of appeal before the district
court adopted the R&R and rendered it final. 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 pursuant to
28 U.S.C. § 636(b) are not final and may not be appealed until ren-
dered final by a district court); Perez-Priego v. Alachua Cnty. Clerk of
Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (providing that a magis-
trate judge’s R&R that has not been adopted by the district court is
not final and immediately appealable). Moreover, the district
court’s subsequent adoption of the R&R did not cure the instant
premature 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.
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