Broadtree Reserve at Gwinnett, LLC v. Christopher Thomas
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 9, 2026
Docket26-13437
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 26-13437
Non-Argument Calendar
____________________
BROADTREE RESERVE AT GWINNETT, LLC,
d.b.a. Reserve at Gwinnett,
Plaintiff-Appellee,
versus
CHRISTOPHER THOMAS,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:26-cv-05199-SEG
____________________
Before ROSENBAUM, NEWSOM, and BRANCH, Circuit Judges.
PER CURIAM:
Christopher Thomas, proceeding pro se, filed an application
to proceed in forma pauperis (“IFP”) in an action he removed from
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2 Opinion of the Court 26-13437
a state court eviction proceeding. In an order entered on Septem-
ber 10, 2026, a magistrate judge informed Thomas that his IFP ap-
plication was incomplete and that he needed to file a completed
application.
Thomas filed a notice of appeal from “the order recom-
mending remand.” Thomas then filed a second IFP application,
which the magistrate judge granted.
There is not an order recommending remand or an order
remanding this action to state court. Because Thomas has ap-
pealed from a non-existent ruling, we lack jurisdiction over his ap-
peal. See Bogle v. Orange Cnty. Bd. of Cnty. Comm’rs, 162 F.3d 653,
661 (11th Cir. 1998) (explaining that a notice of appeal is ineffective
to appeal a contemplated future order or judgment that does not
exist at the time the notice of appeal is filed unless the decision or
order was already announced).
Even liberally construing Thomas’s notice of appeal as chal-
lenging the magistrate judge’s September 10 order, that was not a
final or otherwise appealable order. See 28 U.S.C. § 1291; CSX
Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir.
2000) (explaining that a final judgment leaves nothing for the dis-
trict court to do but execute the judgment); Acheron Cap., Ltd. v.
Mukamal, 22 F.4th 979, 989 (11th Cir. 2022) (explaining that the col-
lateral order doctrine allows for appeal of a non-final order if it con-
clusively resolves an important issue completely separate from the
merits and would be effectively unreviewable later). And because
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26-13437 Opinion of the Court 3
the magistrate judge has now granted Thomas’s second IFP appli-
cation, we cannot provide meaningful relief from that order. See
Christian Coal. of Fla., Inc. v. United States, 662 F.3d 1182, 1189
(11th Cir. 2011) (explaining that an issue is moot when it no longer
presents a live controversy with respect to which the court can give
meaningful relief).
Accordingly, this appeal is DISMISSED, sua sponte, for lack
of jurisdiction.