Zebelede Garrison v. H. Nuzum

USCA11 Case: 24-11394 Document: 9-1 Date Filed: 06/06/2024 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 24-11394

Non-Argument Calendar ____________________

ZEBELEDE GARRISON,

Plaintiff-Appellant, versus

LIEUTENANT H. NUZUM,

Individual Capacity,

SERGEANT ORTIZ CRUZ,

Individual Capacity,

LEILA LITMAN,

Cert. Officer, Individual Capacity,

JOSHUA HABETLE,

Individual Capacity, USCA11 Case: 24-11394 Document: 9-1 Date Filed: 06/06/2024 Page: 2 of 2

2 Opinion of the Court 24-11394 Defendants-Appellees.

____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 2:23-cv-00916-JLB-KCD ____________________

Before JORDAN, ROSENBAUM, and JILL PRYOR, Circuit Judges.

PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Zebelede Garrison appeals a magistrate judge’s April 15, 2024 order denying his motion demanding a jury trial. However, unless the parties consent to a magistrate judge conducting the entire pro- ceeding, we lack jurisdiction to directly review magistrate judge or- ders, 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 proceed- ing in this case. 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).

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.