Al-Atoum v. Wal-Mart Stores Texas LLC

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KIMBERLY AL-ATOUM, 	§
§
Plaintiff, 	§
§
V. 	§ 	No. 3:24-cv-2734-S-BN
§
WAL-MART STORES TEXAS, LLC, 	§
§
Defendant. 	§
MEMORANDUM OPINION AND ORDER TERMINATING
AS NOT NECESSARY MOTION FOR EXTENSION
On March 24, 2026, Plaintiff Kimberly Al-Atoum filed a notice of appeal [Dkt.
No. 47] as to the February 27, 2026 judgment [Dkt. No. 46] and moved to extend the
time to file a notice of appeal [Dkt. No. 48]. See also Dkt. No. 45 (February 27 order
accepting 	the 	January 	23, 	2026 	magistrate 	judge’s 	findings, 	conclusions, 	and
recommendation [Dkt. No. 44] (the “FCR”)).
Al-Atoum’s notice of appeal filed on March 24 is timely because it was “filed
with the district clerk within 30 days after entry of the judgment.” FED . R. APP. P.
4(a)(1)(A).
And, to the extent that Al-Atoum may believe otherwise because she intends
to appeal the FCR, and her notice was not filed within 30 days after entry of the FCR,
the FCR was neither an order of the Court nor appealable to the United States Court
of Appeals for the Fifth Circuit (as an order of the Court) until it “was converted into
an order on [February 27]” – instead, “it was merely advisory” when it was entered
on January 23. James v. Smith, 152 F.4th 594, 603-04 (5th Cir. 2025) (citing United
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States v. Cooper, 135 F.3d 960, 963 (5th Cir. 1998) (“The magistrate judge’s report is
nothing like a jury verdict or the oral disposition of a district judge, for the
magistrate’s role under [28 U.S.C. § 636(b)(1)(B)] is advisory, not adjudicatory.... In
short, [under Section 636(b)(1)(B)], ‘the magistrate has no authority to make a final
and binding disposition.’” (quoting United States v. Raddatz, 447 U.S. 667, 673
(1980)))).
The Court therefore requests that the Clerk of Court TERMINATE the motion
for extension [Dkt. No. 48].
SO ORDERED.
DATED: March 25, 2026
_________________________________________
DAVID L. HORAN
UNITED STATES MAGISTRATE JUDGE
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