green
Positive treatment
128.3 score
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000
2013
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
cited
Cited as authority (rule)
United States v. Marquett James
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
discussed
Cited as authority (rule)
Edward Brown v. Secretary, Florida Department of Corrections
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (holding that a magistrate judge’s recommendation that has not been adopted by the district court is not final and immediately appealable).
discussed
Cited as authority (rule)
Ahmed I. Issa v. Charles Meems
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (holding that a magistrate judge’s recommendation that has not been adopted by the district court is not final and immediately appealable).
cited
Cited as authority (rule)
David Orlando Noel, Sr. v. District Attorney - Dougherty County, City of Albany, Georgia
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998); 28 U.S.C. §§ 636 (b)(1), 1291.
cited
Cited as authority (rule)
Warren Fambro v. Central SP Warden
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998); 28 U.S.C. §§ 636 (b)(1), 1291.
discussed
Cited as authority (rule)
Justin Savage v. Henry County School District
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (per curiam) (dis- missing the appeal of the magistrate judge’s R&R for lack of juris- diction because the district court had not yet adopted it, so it was not final and appealable); Thomas v. Arn, 474 U.S. 140 , 153–54 (1985) (explaining that a district court may refer dispositive motions to a magistrate for a recommendation, but the court has the “‘ultimate authority’” to enter the final order); Raddatz, 447 U.S. at 673 (ex- plaining that, under § 636(b)(1)(B), a magistrate judge issues a rec- ommendation rather than a “final …
cited
Cited as authority (rule)
Igor Castang v. Katherine Jeong-Eun Kim
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998); 28 U.S.C. § 1291 .
discussed
Cited as authority (rule)
Cindy Washington v. Michael Romero
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (explaining that an R&R that has not been adopted by the district court is not final).
discussed
Cited as authority (rule)
Jerome Coggins v. Warden
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (explaining that a magis- trate judge’s R&R that has not been adopted by the district court is not final or immediately appealable).
discussed
Cited as authority (rule)
Darius Morris v. Dooly SP Warden
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (explaining that a magistrate judge’s R&R that has not been adopted by the district court is not final or immedi- ately appealable).
discussed
Cited as authority (rule)
Bobby Rutledge v. Lt Sales
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998); 28 U.S.C. §§ 636 (b)(1), 1291.
discussed
Cited as authority (rule)
Ronald Satish Emrit v. Cobb Gonzalez Law Finn of Jacksonville, Florida
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998); 28 U.S.C. § 1291 .
discussed
Cited as authority (rule)
Ronald Satish Emrit v. United States Patent and Trademark Office
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998); 28 U.S.C. § 1291 .
discussed
Cited as authority (rule)
PEPE v. SHENKO
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998); Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982), and at the time the notice of appeal was filed, this Court had not yet adopted the R&R.
discussed
Cited as authority (rule)
Fabian Woods, Jr. v. Warden
(2×)
also: Cited "see"
Clerk of Court, 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 appeala- ble); see also Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014) (noting that a pro se prisoner’s notice of appeal is deemed filed on the date he delivers it to prison authorities for mailing, but if that date is unknown and there is not contrary evidence, the notice is deemed filed on the date he signed it).
discussed
Cited as authority (rule)
Torrieo Monte Johnson v. United States
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (explaining that such an R&R is not final and appealable and that subsequent adoption does not cure a premature notice of appeal).
discussed
Cited as authority (rule)
John Williams v. Richard Sullivan
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998); 28 U.S.C. §§ 636 (b)(1), 1291.
discussed
Cited as authority (rule)
John Williams v. Unknown Federal Agents
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998); 28 U.S.C. §§ 636 (b)(1), 1291.
cited
Cited as authority (rule)
Evan Miles v. Elijah Lampkin
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
VSP Atlanta, LLC v. Nekeshia Smith
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
discussed
Cited as authority (rule)
Matthew Tobin v. Florida Department of Corrections
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (hold- ing that a magistrate judge’s report and recommendation that has not been adopted by the district court is not final and immediately appealable).
discussed
Cited as authority (rule)
TOBIN v. FLORIDA DEPARTMENT OF CORRECTIONS
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (stating a report and recommendation that has not yet been adopted by the district court is not final and appealable).
discussed
Cited as authority (rule)
Mark Boyd v. Commissioner, Georgia Department of Corrections
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 immediately appeala- ble).
cited
Cited as authority (rule)
Carsheila T. Simmons v. Postmaster General United States Postal Services
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
United States v. Robert Boehme
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
discussed
Cited as authority (rule)
Raissa Djuissi Kengne v. Georgia Power Company
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (noting that the court’s subsequent adoption of a magistrate judge’s R&R does not cure the premature notice of appeal); Bogle v. Orange Cnty.
discussed
Cited as authority (rule)
The Crest at Berkeley Lake v. Cecilia Ward
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).
discussed
Cited as authority (rule)
David Williams Nation v. Towns County State of Georgia
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). 1 1 Nation filed a second notice of appeal after the district court adopted the R&R, which is proceeding in appeal number 24-10534.
cited
Cited as authority (rule)
United States v. Andres Cabezas
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
discussed
Cited as authority (rule)
Randy Capehart v. Commissioner of the Georgia Department of Corrections
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (providing that a magistrate judge’s R&R that has not been adopted by the district court is not final and immediately appealable).
cited
Cited as authority (rule)
Stoney Glenn v. State of Florida
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
Zebelede Garrison v. H. Nuzum
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
James Clay v. Warden
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
discussed
Cited as authority (rule)
Thomas Nestor v. Jack Day
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (holding that a magistrate judge’s report and rec- ommendation was not final and appealable where the district court had not adopted it before the notice of appeal was filed).
cited
Cited as authority (rule)
United States v. Ronald Geddis
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
United States v. Shawn Michael Chalifoux
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
Kelvin Stephens v. Homewood Suites
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
FP Riverdale, LLC v. Thelis Adkins
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
discussed
Cited as authority (rule)
Eduardo Gonzalez v. Verfruco Foods, Inc.
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. USCA11 Case: 23-13704 Document: 10-1 Date Filed: 12/13/2023 Page: 3 of 3 23-13704 Opinion of the Court 3 1998) (holding that a magistrate judge’s R&R was not final and ap- pealable where the district court had not adopted it before the no- tice of appeal was filed).
cited
Cited as authority (rule)
U.S. Bank, National Association as legal title tru v. Valeria Taveras
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
In Re: Lena Marie Lindberg
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
Lola M. Smith v. Secretary, US Department of the Army
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
discussed
Cited as authority (rule)
Robert O. Dinkins v. Ms Barnett T
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
Paul Martineau v. Brevard County Jail Warden
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
discussed
Cited as authority (rule)
Bernadette Denise Dickerson v. Conduent Commercial Solutions, LLC
(2×)
also: Cited "see"
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (providing that a magistrate judge’s R&R that has not been adopted by the district court is not final and immediately appealable).
cited
Cited as authority (rule)
Fe'Anah Bent Maryam v. Capsule Corporation
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
Richard Harris v. James Cotte
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
cited
Cited as authority (rule)
Orlando Jefferson v. Sherry Boston
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
discussed
Cited as authority (rule)
Ferrell Walker, Jr. v. Equifax Information Solutions, LLC
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (holding that a magistrate judge’s report and recommendation was not final and appealable where the district court had not adopted it before the notice of appeal was filed).
cited
Cited as authority (rule)
Burress v. GEO Group, Inc.
Clerk of Court, 148 F.3d 1272, 1273 (11th Cir. 1998).
Retrieving the full opinion text from the archive…
Angela PEREZ-PRIEGO, Plaintiff-Appellant,
v.
ALACHUA COUNTY CLERK OF COURT, Et Al., Defendants-Appellees
v.
ALACHUA COUNTY CLERK OF COURT, Et Al., Defendants-Appellees
97-3545.
Court of Appeals for the Eleventh Circuit.
Aug 4, 1998.
Angela Perez-Priego, Orlando, FL, pro se.
Godbold, Hill, Fay.
Cited by 76 opinions | Published
PER CURIAM:
Angela Perez-Priego appeals the magistrate judge’s report recommending that her civil-rights complaint be dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B)®.
The magistrate’s report and recommendation had not been adopted by the district court at the time that Perez-Priego filed the notice of appeal and therefore the report and recommendation is not final and appeal-able. See 28 U.S.C. § 636(b)(1); Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir.1982). Likewise, Perez-Priego’s notice of appeal was not valid to perfect the appeal as of the date of the district court’s judgment. See FirsTier Mortgage Co. v. Investors Mortgage Ins. Co., 498 U.S. 269, 276, 111 S.Ct. 648, 653, 112 L.Ed.2d 743 (1991); Billingsley v. Jefferson County, 953 F.2d 1351, 1353-54 (11th Cir.1992). .Accordingly, this appeal is DISMISSED for lack of jurisdiction. [1]
1
. We examine our jurisdiction sua sponte even though neither party has raised the issue.