U.S. Court of Appeals for the Eleventh Circuit, 2025

Matthew A. Tobin v. Florida Department of Corrections

Matthew A. Tobin v. Florida Department of Corrections
U.S. Court of Appeals for the Eleventh Circuit · Decided January 13, 2025

Matthew A. Tobin v. Florida Department of Corrections

Opinion

USCA11 Case: 24-13687 Document: 14-1 Date Filed: 01/13/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-13687 Non-Argument Calendar ____________________ MATTHEW A. TOBIN, Plaintiff-Appellant, versus FLORIDA DEPARTMENT OF CORRECTIONS, OKALOOSA CORRECTIONAL INSTITUTION, FLORIDA STATE PRISON, CHARLOTTE CORRECTIONAL INSTITUTION, SANTA ROSA CORRECTIONAL INSTITUTION,

Defendants-Appellees.

____________________ USCA11 Case: 24-13687 Document: 14-1 Date Filed: 01/13/2025 Page: 2 of 2

2 Opinion of the Court 24-13687 Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 3:24-cv-00356-MCR-HTC ____________________ Before JILL PRYOR, ABUDU, and WILSON, Circuit Judges.

PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Matthew Tobin, proceeding pro se, appeals from the magis- trate judge’s order denying his second motion for clarification. We lack jurisdiction to review the order because it has not been re- viewed or rendered final by the district court. See 28 U.S.C. § 1291 (providing that appellate jurisdiction is generally limited to “final decisions of the district courts”); Donovan v. Sarasota Concrete Co., 693 F.2d 1061, 1066-67 (11th Cir. 1982) (“Decisions by a magistrate pursuant to 28 U.S.C. § 636(b) are not final orders and may not be appealed until rendered final by a district court.”); United States v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009) (explaining that we lack jurisdiction to review a magistrate judge’s decision if the dis- trict court had no opportunity to review it).

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.