Charley Johnson v. Commissioner, Georgia Department of Corrections, et al
| CHARLEY JOHNSON |
| COMMISSIONER, GEORGIA DEPARTMENT OF CORRECTIONS, DEPUTY WARDEN OF SECURITY AT CENTRAL STATE PRISON, JOHN OR JANE DOE, Doctor and Nurses, JOHN DOE and JANE DOES 1-5, Nurses, Central State Prison |
| 22-14300 |
| December 27, 2022 |
| U.S. Court of Appeals, Eleventh Circuit |
| Prisoner-Civil Rights (US not def) |
Docket Report
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| Filing 17 Construed MOTION for reconsideration of the Court's February 8, 2023, Dismissal Order filed by Appellant Charley Johnson. [17] [Entered: 02/24/2023 02:33 PM] |
| Filing 16 No action will be taken on the appellant's "Motion to Re-consider and Vacate No Action Notice" because this appeal is closed. [Entered: 02/24/2023 02:27 PM] |
Filing 15
ORDER: This appeal is DISMISSED, sua sponte, for lack of jurisdiction. Charley Johnson appeals from the magistrate judges December 8, 2022 order directing him to file an amended complaint. However, we lack jurisdiction to directly review a magistrate judge order, and an appeal from such an order must be taken to the district court. 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 pursuant to 28 U.S.C. 636(b) are not final and may not be appealed until rendered final by a district court); United States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009) (noting that appellate courts are without jurisdiction to hear appeals directly from magistrate judges). Although Johnson objected to the magistrate judges order in the district court, and the district court overruled his objections and affirmed the order, the courts subsequent affirmance does not cure Johnsons premature notice of appeal. See Perez Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (holding that magistrate judges report and recommendation was not final and appealable where the district court had not adopted it before the notice of appeal was filed). No motion for reconsideration may be filed unless it complies with the timing and other requirements of 11th Cir. R. 27-2 and all other applicable rules. CRW, BL and ALB [Entered: 02/08/2023 01:34 PM]
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| Filing 14 Notice of deficient Appellant brief filed by Charley Johnson. Deficiency: Missing CIP. [Entered: 02/07/2023 04:19 PM] |
| Filing 12 No action will be taken on the document received from Appellant Charley Johnson because it is not clear what relief he is seeking from the Court. [Entered: 02/07/2023 03:02 PM] |
| Filing 13 Appellant's brief filed by Charley Johnson. [Entered: 02/07/2023 04:18 PM] |
| Filing 11 Appellant's Certificate of Interested Persons and Corporate Disclosure Statement filed by Appellant Charley Johnson. [Entered: 02/02/2023 11:04 AM] |
| Filing 10 Certificate of Interested Persons and Corporate Disclosure Statement filed by Appellant Charley Johnson. [Entered: 01/24/2023 04:54 PM] |
| Filing 9 NOTICE OF CIP FILING DEFICIENCY to Charley Johnson. You are receiving this notice because you have not completed the Certificate of Interested Persons (CIP). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. If you are an appellant or petitioner, upon expiration of 14 days from the date of this notice, your appeal will be dismissed for want of prosecution if the default has not been remedied, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b). If you are an appellee or respondent, no action will be taken on documents submitted until the CIP deficiency is remedied. See 11th Cir. R. 26.1-5. [Entered: 01/23/2023 12:58 PM] |
| Filing 8 Briefing Notice issued to Appellant Charley Johnson. The appellant's brief is due on or before 02/27/2023. [Entered: 01/18/2023 01:24 PM] |
| Filing 7 No action will be taken on Motion to proceed in forma pauperis [ # 6 ]. The referenced filing from Appellant Charley Johnson is notrequired for this filing. [Entered: 01/18/2023 10:01 AM] |
| Filing 5 USDC Order Granting appellant Leave to Proceed with Fees Assessed. Filed on 01/06/2023. Docket Entry 14. [Entered: 01/18/2023 09:46 AM] |
| Filing 4 USDC order Denying appointment of counsel as to Appellant Charley Johnson was filed on 01/13/2023. Docket Entry 19. [Entered: 01/18/2023 08:40 AM] |
| Filing 6 MOTION to proceed IFP filed by Appellant Charley Johnson. Opposition to Motion is Unknown [6] [Entered: 01/18/2023 10:00 AM] |
| Filing 3 USDC Motion filed by appellant for leave to proceed without prepayment of fees or consent form. Filed on 12/19/2022. Docket Entry 7. [Entered: 01/04/2023 12:22 PM] |
| Filing 2 USDC Motion regarding appellant requesting an attorney as to Appellant Charley Johnson was filed on 12/19/2022. Docket Entry 6. [Entered: 01/04/2023 12:21 PM] |
| Filing 1 PRISONER (PLRA) APPEAL DOCKETED. Notice of appeal filed by Appellant Charley Johnson on 12/16/2022. Fee Status: Fee Not Paid. USDC motion Pending: MOTION to Appoint Counsel MOTION for Leave to Proceed in forma pauperis 12/19/2022. [Entered: 01/04/2023 12:13 PM] |
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