Richard Harris v. James Cotte, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12559
Non-Argument Calendar
____________________
RICHARD HARRIS,
Plaintiff-Appellant,
versus
JAMES COTTE,
JOHN DOE,
GILBERT NOE,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
USCA11 Case: 23-12559 Document: 18-1 Date Filed: 09/21/2023 Page: 1 of 2

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2 Opinion of the Court 23-12559
D.C. Docket No. 2:21-cv-00646-SPC-NPM
____________________
Before B RANCH, GRANT, and L UCK , Circuit Judges
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Richard Harris appeals from a magistrate judge’s July 25, 2023
order denying his motions for appointment of counsel. However,
we lack jurisdiction to directly review magistrate judge orders, as
an appeal from such an order must be taken to the district court
before the appellant files his notice of appeal. See United States
v. Schultz, 565 F.3d 1353, 1359 (11th Cir. 2009). Furthermore, the
district court’s August 15, 2023 order refusing to vacate the July 25
magistrate judge order does not cure the premature notice of ap-
peal because the August 15 order was entered after Harris’s August
2 notice of appeal. See Perez-Priego v. Alachua Cnty. Clerk of Ct., 148
F.3d 1272, 1273 (11th Cir. 1998).
All pending motions are DENIED as moot. 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.
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