Lola M. Smith v. Secretary, US Department of the Army

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-13035
Non-Argument Calendar
____________________
LOLA M. SMITH,
Plaintiff-Appellant,
versus
SECRETARY, US DEPARTMENT OF THE ARMY,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Middle District of Alabama
D.C. Docket No. 1:20-cv-00333-RAH-CWB
____________________
USCA11 Case: 22-13035 Document: 16-1 Date Filed: 11/17/2023 Page: 1 of 2

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2 Opinion of the Court 22-13035
Before G RANT, BRASHER , and ABUDU, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of
jurisdiction. Appellant Lola Smith seeks to appeal from a
magistrate judge’s denial of her pleading styled “Request for
Judicial Notice of Adjudicative Facts.” This Court’s appellate
jurisdiction is limited to final decisions of the district courts. See 28
U.S.C. § 1291. Accordingly, unless parties consent to a magistrate
judge entering final judgment, we lack jurisdiction to directly
review magistrate judge orders, as an appeal from such an order
must be taken to the district court. See 28 U.S.C. § 636(c); Donovan
v. Sarasota Concrete Co., 693 F.2d 1061, 1066–67 (11th Cir. 1982);
United States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009). The
parties here did not consent to the magistrate judge’s exercise of
jurisdiction. Furthermore, even if the district court ultimately
affirms the order, the subsequent affirmance would not cure the
premature notice of appeal. See Perez-Priego v. Alachua Cnty. Clerk
of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998).
USCA11 Case: 22-13035 Document: 16-1 Date Filed: 11/17/2023 Page: 2 of 2

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