USA v. Shawn Michael Chalifoux

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13496
Non-Argument Calendar
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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
____________________
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2 Opinion of the Court 23-13496
Before WILSON, GRANT, and ABUDU, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Shawn Chalifoux appeals pro se from a magistrate judge’s Sep-
tember 19, 2023, order extending his period of commitment in a
mental health facility. That order, however, is not final or appeal-
able to this Court, as an appeal from a magistrate judge order must
be taken to the district court. See United States v. Schultz, 565 F.3d
1353, 1359 (11th Cir. 2009). Even if the district judge ultimately
affirms the order, the subsequent affirmance would not cure Chal-
ifoux’s 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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