ENDRESS v. DIXON

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JAMES ENDRESS,
Inmate #091685,
Plaintiff,
v. 	Case No.: 4:26cv72-MW/MAF
RICKY DIXON,
Defendant.
_________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge’s Report
and Recommendation. ECF No. 13. Plaintiff sought an extension of time to file
objections, ECF No. 14, which this Court granted, ECF No. 15, and set a new
deadline of July 9, 2026, to file objections. Rather than submit objections, Plaintiff
then filed a notice of interlocutory appeal, ECF No. 16. But Plaintiff asks this Court
to hold the appeal in abeyance, id. at 3, until this Court considers his objections.
However, as of this date, no objections have been filed. Moreover, Plaintiff’s
interlocutory appeal of the Magistrate Judge’s report and recommendation does not
divest this Court of jurisdiction to rule on the report and recommendation, insofar as
it is not a proper interlocutory appeal. See United States v. Edwards, 811 F. App’x
358, 360–61 (7th Cir. 2020) (noting that first appeal was not proper and therefore
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did 	not 	divest 	district 	court 	of 	jurisdiction 	where 	the 	first 	appeal 	was 	an
impermissible interlocutory appeal of a nonfinal judgment). Accordingly, upon
consideration, no objections having been filed by the parties,
IT IS ORDERED:
The report and recommendation, ECF No. 13, is accepted and adopted as
this 	Court’s 	opinion. 	The 	Clerk 	shall 	enter 	judgment 	stating, 	“This 	case 	is
DISMISSED for failure to state a claim upon which relief may be granted and for
seeking monetary relief against a defendant who is immune from such relief.” The
Clerk shall note on the docket that this cause was dismissed pursuant to 28 U.S.C.
§ 1915A(b)(1)–(2), and close the file.
SO ORDERED on July 10, 2026.
s/Mark E. Walker 	____
United States District Judge
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