Eric Nordquist v. FL ST Hospital

• Court: Court of Appeals for the Eleventh Circuit
• Decided: October 3, 2023
• Docket: 23-12728
• Status: Unpublished

Opinion

USCA11 Case: 23-12728 Document: 6-1 Date Filed: 10/03/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-12728 Non-Argument Calendar ____________________

ERIC NORDQUIST, Petitioner-Appellant, versus FL ST HOSPITAL,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 3:23-cv-21271-TKW-HTC ____________________ USCA11 Case: 23-12728 Document: 6-1 Date Filed: 10/03/2023 Page: 2 of 2

2 Opinion of the Court 23-12728

Before WILSON, JILL PRYOR, and GRANT, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Eric Nordquist appeals from the magistrate judge’s August 8, 2023 order closing the habeas proceeding and terminating the mo- tion to proceed in forma pauperis. However, we lack jurisdiction to directly review a magistrate judge’s 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 ren- dered final by a district court); United States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009) (noting that appellate courts are without ju- risdiction to hear appeals directly from magistrate judges). All pending motions are denied as moot. No petition for re- hearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.