United States District Court, M.D. Alabama, Northern Division
H. THOMPSON UNITED STATES DISTRICT JUDGE
to 42 U.S.C. § 1983, plaintiff, a state prisoner, filed
this lawsuit challenging his classification as a restricted
offender. This case is before the court on the recommendation
of the United States Magistrate Judge that this case be
dismissed without prejudice as moot. There are no objections
to the recommendation. Upon an independent and de novo review
of the record, the court concludes that the recommendation
should be adopted.
appropriate judgment will be entered.
APPEALS JURISDICTION CHECKLIST
Appealable Orders: Courts of Appeals have
jurisdiction conferred and strictly limited by statute:
Appeals from final orders pursuant to 28 U.S.C. § 1291:
Final orders and judgments of district courts, or final
orders of bankruptcy courts which have been appealed to and
fully resolved by a district court under 28 U.S.C. §
158, generally are appealable. A final decision is one that
“ends the litigation on the merits and leaves nothing
for the court to do but execute the judgment.”
Pitney Bowes, Inc. v. Mestre, 701 F.2d 1365, 1368
(11th Cir. 1983) (citing Catlin v. United States,
324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911 (1945)). A
magistrate judge's report and recommendation is not final
and appealable until judgment thereon is entered by a
district court judge. 28 U.S.C. § 636(b);
Perez-Priego v. Alachua County Clerk of Court, 148
F.3d 1272 (11th Cir. 1998). However, under 28 U.S.C. §
636(c)(3), the Courts of Appeals have jurisdiction over an
appeal from a final judgment entered by a magistrate judge,
but only if the parties consented to the magistrate's
jurisdiction. McNab v. J & J Marine, Inc., 240
F.3d 1326, 1327-28 (11th Cir. 2001).
cases involving multiple parties or multiple claims, a
judgment as to fewer than all parties or all claims is not a
final, appealable decision unless the district court has
certified the judgment for immediate review under
Fed.R.Civ.P. 54(b). Williams v. Bishop, 732 F.2d
885, 885-86 (11th Cir. 1984). A judgment which resolves all
issues except matters, such as attorneys' fees and costs,
that are collateral to the merits, is immediately appealable.
Budinich v. Becton Dickinson & Co., 486 U.S.
196, 201, 108 S.Ct. 1717, 1721-22, 100 L.Ed.2d 178 (1988);
LaChance v. Duffy's Draft House, Inc., 146 F.3d
832, 837 (11th Cir. 1998).
Appeals pursuant to 28 U.S.C. § 1292(a): Under this
section, appeals are permitted from the following types of
i. Orders granting, continuing, modifying, refusing or
dissolving injunctions, or refusing to dissolve or modify
injunctions; However, interlocutory appeals from orders
denying temporary restraining orders are not permitted.
McDougald v. Jenson, 786 F.2d 1465, 1472-73 (11th
ii. Orders appointing receivers or refusing to wind up
iii. Orders determining the rights and liabilities of parties
in admiralty cases.
Appeals pursuant to 28 U.S.C. § 1292(b) and Fed.R.App.P.
5: The certification specified in 28 U.S.C. § 1292(b)
must be obtained before a petition for permission to appeal
is filed in the Court of Appeals. The district court's
denial of a motion for certification is not itself
Appeals pursuant to judicially created exceptions to the
finality rule: Limited exceptions are discussed in cases
including, but not limited to: Cohen v. Beneficial Indus.
Loan Corp., 337 U.S. 541, 546, 69 S.Ct. 1221, 1225-26,
93 L.Ed. 1528 (1949); Atlantic Fed. Sav. & Loan
Ass'n v. Blythe Eastman Paine Webber, Inc., 890 F.2d
371, 376 (11th Cir. 1989); Gillespie v. United States
Steel Corp., 379 U.S. 148, 157, 85 S.Ct. 308, 312, 13
L.Ed.2d 199 (1964).
Time for Filing: The timely filing of a notice of
appeal is mandatory and jurisdictional. Rinaldo v.
Corbett, 256 F.3d 1276, 1278 (11th Cir. 2001). In civil