Matthew A. Tobin v. Florida Department of Corrections

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 13, 2025
• Docket: 24-13687
• Status: Unpublished

Opinion

USCA11 Case: 24-13687 Document: 14-1 Date Filed: 01/13/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-13687 Non-Argument Calendar ____________________

MATTHEW A. TOBIN, Plaintiff-Appellant, versus FLORIDA DEPARTMENT OF CORRECTIONS, OKALOOSA CORRECTIONAL INSTITUTION, FLORIDA STATE PRISON, CHARLOTTE CORRECTIONAL INSTITUTION, SANTA ROSA CORRECTIONAL INSTITUTION,

Defendants-Appellees.

____________________ USCA11 Case: 24-13687 Document: 14-1 Date Filed: 01/13/2025 Page: 2 of 2

2 Opinion of the Court 24-13687

Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 3:24-cv-00356-MCR-HTC ____________________

Before JILL PRYOR, ABUDU, and WILSON, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Matthew Tobin, proceeding pro se, appeals from the magis- trate judge’s order denying his second motion for clarification. We lack jurisdiction to review the order because it has not been re- viewed or rendered final by the district court. See 28 U.S.C. § 1291 (providing that appellate jurisdiction is generally limited to “final decisions of the district courts”); Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982) (“Decisions by a magistrate pursuant to 28 U.S.C. § 636(b) 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 we lack jurisdiction to review a magistrate judge’s decision if the dis- trict court had no opportunity to review it). 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.