Blake Dorr v. Secretary, Florida Department of Corrections

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 4, 2023
• Docket: 23-13400
• Status: Unpublished

Opinion

USCA11 Case: 23-13400 Document: 8-1 Date Filed: 12/04/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-13400 Non-Argument Calendar ____________________

BLAKE DORR, Petitioner-Appellant, versus SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL, STATE OF FLORIDA,

Respondents-Appellees.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:15-cv-00988-ACC-DCI USCA11 Case: 23-13400 Document: 8-1 Date Filed: 12/04/2023 Page: 2 of 2

2 Opinion of the Court 23-13400

Before ROSENBAUM, BRANCH, and LUCK, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The 30-day statutory time limit required Blake Dorr to file a notice of appeal from the district court’s September 12, 2023, final judgment on or before October 12, 2023. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, Dorr did not file his notice of appeal until October 13, 2023. Further, there is no basis in the record for relief under Fed- eral Rules of Appellate Procedure 4(a)(5) or 4(a)(6) because Dorr did not move to extend or reopen the appeal period. See Fed. R. App. P. 4(a)(5), (6). Accordingly, the notice of appeal is untimely and cannot invoke our appellate jurisdiction. See Hamer v. Neigh- borhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017); Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010). 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.