Reyes v. Johnson

¶1 Jorge Reyes attempts to appeal in a civil rights action filed pursuant to 42 U.S.C. § 1983. The magistrate judge entered a written report recommending that Reyes’ complaint be dismissed. Reyes filed a notice of appeal after the magistrate judge issued his recommendation but before any decision was announced by the district court. Reyes’ premature notice of appeal was ineffective to invoke the jurisdiction of *698 this court. See United States v. Cooper, 135 F.3d 960, 961 (5th Cir.1998); see also Trufant v. Autocon, Inc., 729 F.2d 308, 309 (5th Cir.1984). The appeal is DISMISSED.