ANGELA PEREZ-PRIEGO, PLAINTIFF-APPELLANT,
v.
ALACHUA COUNTY CLERK OF COURT, ET AL., DEFENDANTS-APPELLEES

11th Cir. | 1998-08-04
No. 97-3545
Before GODBOLD, HILL and FAY, Senior Circuit Judges.
148 F.3d 1272 Court of Appeals for the Eleventh Circuit (1998) Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM:

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. .

We examine our jurisdiction sua sponte even though neither party has raised the issue.

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Citator

Cited By (11 total)

  • Rembert v. Apfel, 213 F.3d 1331 (11th Cir. 2000)
    …not challenged it. See, e.g., University of S. Ala. v. American Tobacco Co., 168 F. 3d 405, 410 (11th Cir.1999) (jurisdiction “cannot be waived or otherwise conferred upon the court by the parties”); Perez-Priego v. Alachua County Clerk of Court, 148 F. 3d 1272, 1273 n. 1 (11th Cir.1998) (sua sponte raising issue of jurisdiction over appeal from magistrate judge); In re Marriage of Nasca, 160 F. 3d 578, 578 (9th Cir.1998) (same). Under 28 U.S.C. § 636(c)(3), this court has jurisdiction over an appeal from…
  • Elite Wheel Distribs., Inc. v. Tirekingz of Ga. LLC (M.D. Fla. 2025)
    …233, 65 S.Ct. 631, 633, 89 L.Ed. 911 (1945)). A magistrate judge's report and recommendation is not final and appealable until judgment thereon is entered by a district court judge. 28 U.S.C. § 636(b); Perez-Priego v. Alachua County Clerk of Court, 148 F. 3d 1272 (11th Cir. 1998). However, under 28 U.S.C. § 636(c)(3), the Courts of Appeals have jurisdiction over an appeal from a final judgment entered by a magistrate judge, but only if the parties consented to the magistrate's jurisdiction. McNab v. J & J Ma…
  • Am. Gen. Life Ins. Co. v. Miles (M.D. Fla. 2025)
    …233, 65 S.Ct. 631, 633, 89 L.Ed. 911 (1945)). A magistrate judge's report and recommendation is not final and appealable until judgment thereon is entered by a district court judge. 28 U.S.C. § 636(b); Perez-Priego v. Alachua County Clerk of Court, 148 F.3d 1272 (11th Cir. 1998). However, under 28 U.S.C. § 636(c)(3), the Courts of Appeals have jurisdiction over an appeal from a final judgment entered by a magistrate judge, but only if the parties consented to the magistrate's jurisdiction. McNab v. J & J Ma…

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