Ira Kleiman v. Craig Wright

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 29, 2023
• Docket: 23-11318
• Status: Unpublished

Opinion

USCA11 Case: 23-11318 Document: 28-1 Date Filed: 06/29/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-11318 Non-Argument Calendar ____________________

IRA KLEIMAN, as the Personal Representative of the Estate of David Kleiman, W&K INFO DEFENSE RESEARCH, LLC, Plaintiffs-Appellees, versus CRAIG WRIGHT,

Defendant-Appellant.

____________________ USCA11 Case: 23-11318 Document: 28-1 Date Filed: 06/29/2023 Page: 2 of 2

2 Opinion of the Court 23-11318

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:18-cv-80176-BB ____________________

Before JORDAN, JILL PRYOR and GRANT, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Craig Wright appeals a magistrate judge’s order denying his post-judgment motions to disqualify counsel for plaintiffs. How- ever, Wright did not appeal the magistrate judge’s order to the dis- trict court, and the district court did not render it final. See 28 U.S.C. § 636(b); Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982) (explaining that when a magistrate judge is proceeding under the supervision of a district court, under 28 U.S.C. § 636(b), its actions “are not final orders and may not be appealed until rendered final by a district court”); United States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009) (explaining that a party must first appeal a magistrate judge’s order to the district court, and the court of appeals is without jurisdiction to hear appeals di- rectly from magistrate judges, even in an appeal from the final judgment). No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.