Opinion
1:22cv58-MW/GRJ
04-19-2022
RONALD SATISH EMRIT, Plaintiff, v. BOARD OF IMMIGRATION APPEALS, et al., Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
MARK E. WALKER, CHIEF UNITED STATES DISTRICT JUDGE
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 8. Plaintiff filed no objections. Instead, Plaintiff filed a notice of appeal “to have the present case at bar transferred to the Fourth Circuit Court of Appeals in Richmond, Virginia.” ECF No. 9 at 1-2. The notice of appeal does not divest this Court of jurisdiction, because Plaintiff cannot appeal a non-final order of the Magistrate Judge to the Circuit Court of Appeals. If Plaintiff wishes to appeal, Plaintiff must file a new notice of appeal of this Order for it to be effective.
To the extent Plaintiff requests this Court to transfer his case, the request for transfer is DENIED.
Accordingly, upon consideration, no objections having been filed by the parties, IT IS ORDERED:
The report and recommendation, ECF No. 8, is accepted and adopted as this Court's opinion. The Clerk shall enter judgment stating, “Plaintiff's claims are DISMISSED with prejudice for lack of subject matter jurisdiction, for failure to exhaust administrative remedies, and for failure to state a claim upon which relief may be granted.” The Clerk shall close the file.
SO ORDERED.