USA v. Shawn Michael Chalifoux, No. 23-12299 (11th Cir. 2023)
Annotate this Case
The court issued a subsequent related opinion or order on February 21, 2024.
Download PDF
USCA11 Case: 23-12299 Document: 23-1 Date Filed: 11/29/2023 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-12299 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plainti -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 2 Document: 23-1 Date Filed: 11/29/2023 Opinion of the Court Page: 2 of 2 23-12299 Before LUCK, BRASHER, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdiction. 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 rst be challenged in, and rendered nal 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 nal and may not be appealed until rendered nal 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 magistrate judges). No petition for rehearing may be led unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
