Opinion
CV 321-008
06-04-2021
THOMAS YOUNG, Plaintiff, v. TIM WARD, Commissioner; DIRECTOR SHEPPARD; JERMAINE WHITE, Warden; DEPUTY WARDEN WICKER; DEPUTY WARDEN KEITH; and DEPUTY WARDEN BEASLEY, Defendants.
ORDER
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation ("R&R"), to which no objections have been filed. In lieu o\` objections, Plaintiff filed a notice of appeal to the Eleventh Circuit, (doc. no. 12), which does not divest this Court of jurisdiction. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES Plaintiffs amended complaint for failure to state a claim upon which relief may be granted, and CLOSES this civil action.
Appealing a non-appealable order "does not have any effect on the district court's jurisdiction." United States v. Riolo, 398 Fed.Appx. 568, 571 (11th Cir. 2010) (per curiam) (citing United States v. Hitchmon. 602 F.2d 689, 694 (5th Cir. 1979) (en banc)). The Magistrate Judge's R&R recommending dismissal of Plaintiffs complaint without prejudice is not interlocutorily appealable. See Garcia v. JP Morgan Chase. No. 1:11-CV-2149-AT, 2012 WL 13008803, at *l (N.D.Ga. Mar. 9, 2012).
SO ORDERED.