Raissa Djuissi Kengne v. Georgia Power Company

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RAISSA DJUISSI KENGNE,
Plaintiff-Appellant
v.
GEORGIA POWER COMPANY,
Defendant-Appellee
______________________
2022-2175
______________________
Appeal from the United States District Court for the
Northern District of Georgia in No. 1:22-cv-02297-SEG,
Judge Sarah Elisabeth Geraghty.
______________________
Before D YK, REYNA, and CHEN, Circuit Judges.
P ER CURIAM .
O R D E R
After receiving no response to this court’s November
16, 2022, order to show cause, we now dismiss.
Raissa Djuissi Kengne filed this civil action alleging
claims against the Georgia Power Company over her ser-
vice and account. She also moved for leave to proceed in
forma pauperis (“IFP”). On June 10, 2022, the assigned
magistrate judge issued a report and recommendation to
deny her IFP status and dismiss the case. Ms. Kengne filed
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KENGNE v. GEORGIA POWER COMPANY 2
objections from that report with the district court and a no-
tice of appeal that was transmitted to both the United
States Court of Appeals for the Eleventh Circuit and this
court. The district court thereafter adopted the report and
recommendation.
This case is not within the limited authority granted to
us by Congress to review federal district court decisions un-
der 28 U.S.C. § 1295(a). That jurisdiction generally ex-
tends only to cases arising under the patent laws, see 28
U.S.C. § 1295(a)(1); civil actions on review to the district
court from the United States Patent and Trademark Office,
see § 1295(a)(4)(C); or certain damages claims against the
United States “not exceeding $10,000 in amount,” 28
U.S.C. § 1346(a)(2), see 28 U.S.C. § 1295(a)(2). This case
does not fall into any of those categories.
Although this court may transfer a case to the appro-
priate regional circuit “if it is in the interest of justice,” 28
U.S.C. § 1631, we conclude that transfer here is not appro-
priate. The Eleventh Circuit has already dismissed Ms.
Kengne’s materially identical appeal. See Kengne v. Ga.
Power Co., No. 22-12828, slip op. at 1 (11th Cir. Sept. 29,
2022). Moreover, the Eleventh Circuit has held that a mag-
istrate judge’s report and recommendation is not an ap-
pealable judgment and the premature notice of appeal does
not “perfect the appeal as of the date of the district court’s
judgment.” Perez-Priego v. Alachua Cnty. Clerk of Ct., 148
F.3d 1272 (11th Cir. 1998) (citations omitted).
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
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KENGNE v. GEORGIA POWER COMPANY 3
(2) Each party shall bear its own costs.
February 28, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 22-2175 Document: 3 Page: 3 Filed: 02/28/2023

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