Fe'Anah Bent Maryam v. Capsule Corporation

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12197
Non-Argument Calendar
____________________
FE'ANAH BENT MARYAM,
Plaintiff-Appellant,
versus
CAPSULE CORPORATION,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-00975-SDG-JKL
____________________
USCA11 Case: 23-12197 Document: 18-1 Date Filed: 09/28/2023 Page: 1 of 2

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2 Opinion of the Court 23-12197
Before J ILL PRYOR , GRANT, and L UCK , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Appellant seeks to appeal from a magistrate judge’s (1) paper-
less May 18 and 30, 2023 orders granting a defendant’s motions for
extensions of time to respond to the complaint; (2) June 7, 2023
denial of her motion to strike; and (3) June 15, 2023 order instruct-
ing her to amend her complaint. However, unless the parties con-
sent to a magistrate judge conducting the entire proceeding, we
lack jurisdiction to directly review magistrate judge orders, as an
appeal from such an order must be taken to the district court. See
United States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009); 28
U.S.C. § 636(c). It does not appear that the parties have consented
to the magistrate judge conducting the entire proceeding in this
case. Furthermore, even if the district court ultimately affirms the
orders, 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).
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.
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