United States v. Shawn Michael Chalifoux

Opinion

USCA11 Case: 23-12299 Document: 23-1 Date Filed: 11/29/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-12299 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SHAWN MICHAEL CHALIFOUX,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:21-cr-00015-CEM-LHP-1 ____________________ USCA11 Case: 23-12299 Document: 23-1 Date Filed: 11/29/2023 Page: 2 of 2

2 Opinion of the Court 23-12299

Before LUCK, BRASHER, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Shawn Chalifoux appeals directly from a magistrate judge’s order committing him to the custody of the Attorney General for competency restoration treatment. However, we lack jurisdiction to directly review the magistrate judge’s order, as it must first be challenged in, and rendered final by, 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 rendered final by a district court); United States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009) (noting that appellate courts are without jurisdiction to hear appeals directly from mag- istrate judges). 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.