Ira Kleiman v. Craig Wright ( 2023 )


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  • USCA11 Case: 23-11318     Document: 28-1     Date Filed: 06/29/2023    Page: 1 of 2
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 23-11318
    Non-Argument Calendar
    ____________________
    IRA KLEIMAN,
    as the Personal Representative of the Estate
    of David Kleiman,
    W&K INFO DEFENSE RESEARCH, LLC,
    Plaintiffs-Appellees,
    versus
    CRAIG WRIGHT,
    Defendant-Appellant.
    ____________________
    USCA11 Case: 23-11318      Document: 28-1     Date Filed: 06/29/2023     Page: 2 of 2
    2                      Opinion of the Court                 23-11318
    Appeal from the United States District Court
    for the Southern District of Florida
    D.C. Docket No. 9:18-cv-80176-BB
    ____________________
    Before JORDAN, JILL PRYOR and GRANT, Circuit Judges.
    PER CURIAM:
    This appeal is DISMISSED, sua sponte, for lack of jurisdic-
    tion.
    Craig Wright appeals a magistrate judge’s order denying his
    post-judgment motions to disqualify counsel for plaintiffs. How-
    ever, Wright did not appeal the magistrate judge’s order to the dis-
    trict court, and the district court did not render it final. See
    
    28 U.S.C. § 636
    (b); Donovan v. Sarasota Concrete Co., 
    693 F.2d 1061
    ,
    1066-67 (11th Cir. 1982) (explaining that when a magistrate judge
    is proceeding under the supervision of a district court, under
    
    28 U.S.C. § 636
    (b), its actions “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 a party
    must first appeal a magistrate judge’s order to the district court,
    and the court of appeals is without jurisdiction to hear appeals di-
    rectly from magistrate judges, even in an appeal from the final
    judgment).
    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.
    

Document Info

Docket Number: 23-11318

Filed Date: 6/29/2023

Precedential Status: Non-Precedential

Modified Date: 6/29/2023