United States District Court, M.D. Alabama, Northern Division
HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE.
lawsuit is before the court on the Recommendation of the
United States Magistrate Judge that the case be transferred
to the United States District Court for the Southern District
of Alabama under 28 U.S.C. § 1406(a). Doc. 3. There are
no objections to the Recommendation. After an independent and
de novo review of the record, the court concludes
the Magistrate Judge's Recommendation should be adopted.
it is ORDERED that:
(1) The Magistrate Judge's Recommendation (Doc. 3) is
(2) This case is transferred to the United States District
Court for the Southern District of Alabama under 28 U.S.C.
Clerk of the Court is DIRECTED to take the necessary steps to
effectuate the transfer of this action.
case is closed in this court.
APPEALS JURISDICTION CHECKLIST
of Appeals have jurisdiction conferred and strictly limited
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).
In 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 orders:
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.