Ferrell Walker, Jr. v. Equifax Information Solutions, LLC

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12301
Non-Argument Calendar
____________________
FERRELL W. WALKER, JR.,
Plaintiff-Appellant,
versus
EQUIFAX INFORMATION SOLUTIONS, LLC,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:21-cv-01045-ELR-JKL
____________________
USCA11 Case: 23-12301 Document: 12-1 Date Filed: 09/06/2023 Page: 1 of 2

-- 1 of 2 --

2 Opinion of the Court 23-12301
Before R OSENBAUM , BRASHER , and ABUDU, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Appellant seeks review of the magistrate judge’s July 6, 2023
order granting Appellee’s motion to compel his deposition. How-
ever, we lack jurisdiction to directly review a magistrate judge’s
order, as an appeal from such an order must be taken to the district
court. See 28 U.S.C. § 1291; Donovan v. Sarasota Concrete Co., 693
F.2d 1061, 1066-67 (11th Cir. 1982); United States v. Schultz,
565 F.3d 1353, 1359 (11th Cir. 2009). Even if the district court ulti-
mately 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) (holding that
a magistrate judge’s report and recommendation was not final and
appealable where the district court had not adopted it before the
notice of appeal was filed).
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.
USCA11 Case: 23-12301 Document: 12-1 Date Filed: 09/06/2023 Page: 2 of 2

-- 2 of 2 --