USCA11 Case: 23-11870 Document: 13-1 Date Filed: 08/01/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11870
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DANIEL ERIC COBBLE,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Georgia
D.C. Docket No. 5:14-cr-00077-CDL-CHW-1
____________________
USCA11 Case: 23-11870 Document: 13-1 Date Filed: 08/01/2023 Page: 2 of 2
2 Opinion of the Court 23-11870
Before WILSON, JILL PRYOR, and GRANT, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Daniel Eric Cobble appeals from the magistrate judge’s May
16, 2023 order denying his motions for postjudgment criminal re-
lief. However, 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 first. 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 overrules Cobble’s objections and affirms the order, the
subsequent affirmance would not cure the premature notice of ap-
peal. See Perez-Priego v. Alachua Cnty. Clerk of Ct.,
148 F.3d 1272,
1273 (11th Cir. 1998) (holding that 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).
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.
