Bernadette Denise Dickerson v. Conduent Commercial Solutions, LLC

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12766
Non-Argument Calendar
____________________
BERNADETTE DENISE DICKERSON,
Plaintiff-Appellant,
versus
CONDUENT COMMERCIAL SOLUTIONS, LLC,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Middle District of Alabama
D.C. Docket No. 2:23-cv-00064-RAH-JTA
____________________
USCA11 Case: 23-12766 Document: 13-1 Date Filed: 10/16/2023 Page: 1 of 2

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2 Opinion of the Court 23-12766
Before ROSENBAUM, JILL PRYOR, and ABUDU, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Bernadette Dickerson appeals directly from the magistrate
judge’s June 30, 2023 report and recommendation (“R&R”) that
Conduent Commercial Solutions, LLC’s motion to dismiss her
complaint be granted. However, the R&R was not final or imme-
diately appealable, and Dickerson filed the construed notice of ap-
peal before the district court adopted the R&R. See 28 U.S.C.
§ 1291; Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67
(11th Cir. 1982) (explaining that magistrate judge orders issued pur-
suant to 28 U.S.C. § 636(b) are not final and may not be appealed
until rendered final by a district court); Perez-Priego v. Alachua Cnty.
Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (providing that a
magistrate judge’s R&R that has not been adopted by the district
court is not final and immediately appealable). Moreover, the dis-
trict court’s adoption of the R&R did not cure the instant prema-
ture notice of appeal. See Perez-Priego, 148 F.3d at 1273.
No petition for rehearing may be filed unless it complies
with the timing and other requirements of 11th Cir. R. 40-3 and all
other applicable rules.
All pending motions are DENIED as moot.
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