United States v. Shawn Michael Chalifoux

USCA11 Case: 23-13496 Document: 20-1 Date Filed: 02/21/2024 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-13496

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: 23-13496 Document: 20-1 Date Filed: 02/21/2024 Page: 2 of 2 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.