Benjamin Johnson v. Coastal SP Warden

• Court: Court of Appeals for the Eleventh Circuit
• Decided: May 22, 2024
• Docket: 24-11363
• Status: Unpublished

Opinion

USCA11 Case: 24-11363 Document: 5-1 Date Filed: 05/22/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-11363 Non-Argument Calendar ____________________

BENJAMIN MARCUS JOHNSON, Petitioner-Appellant, versus COASTAL SP WARDEN,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-05520-JPB ____________________ USCA11 Case: 24-11363 Document: 5-1 Date Filed: 05/22/2024 Page: 2 of 2

2 Opinion of the Court 24-11363

Before ROSENBAUM, NEWSOM, and BRANCH, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The 30-day statutory time limit required Benjamin Johnson, a Georgia inmate proceeding pro se, to file a notice of appeal from the district court’s February 14, 2024 judgment on or before March 15, 2024. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). How- ever, Johnson did not file a notice of appeal until March 17, 2024. See Fed. R. App. P. 4(c); Daniels v. United States, 809 F.3d 588, 589 (11th Cir. 2015) (stating that absent contrary evidence, we will as- sume that a prisoner’s filing was delivered to prison authorities on the date that he signed it). Furthermore, Johnson’s motion for re- consideration was ineffective to toll the appeal period because it was not filed within 28 days of the entry of the judgment. See Fed. R. App. P. 4(a)(4)(A)(vi). Accordingly, the notice of appeal filed on March 17, 2024 is untimely and cannot invoke our appellate juris- diction. See Hamer v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017). 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.