Perez-Priego v. Alachua County Clerk of Court

11th Cir.

Court: United States Court of Appeals for the Eleventh Circuit

Citations: 148 F.3d 1272, 1998 U.S. App. LEXIS 17875, 1998 WL 438820

Decision Date: 8/4/1998

Docket Number: No. 97-3545

Jurisdiction: U.S.

Bluebook Citation: Perez-Priego v. Alachua County Clerk of Court, 148 F.3d 1272, 1998 U.S. App. LEXIS 17875, 1998 WL 438820 (11th Cir. 1998)

More Cases: 11th Cir. decisions from 1998

Angela PEREZ-PRIEGO, Plaintiff-Appellant, v. ALACHUA COUNTY CLERK OF COURT, et al., Defendants-Appellees.

Judges

Before GODBOLD, HILL and FAY, Senior Circuit Judges.

Attorneys

Angela Perez-Priego, Orlando, FL, pro se.

majority 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.

Chat with this case using AI

Ask CiteLaw's AI Navigator anything about this case, check whether it is still good law, and see every case that cites it. Sign up for CiteLaw free today to get started.