USA v. Shawn Michael Chalifoux

[DO NOT PUBLISH]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: 1 of 2

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2 Opinion of the Court 23-12299
Before L UCK , BRASHER , and A BUDU , 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.
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