Dalvin Denson v. Secretary, Department of Corrections

Opinion

[DO NOT PUBLISH]

In the United States Court of Appeals For the Eleventh Circuit

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No. 23-14165 Non-Argument Calendar

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DALVIN DENSON, Petitioner-Appellant, versus SECRETARY, DEPARTMENT OF CORRECTIONS, FLORIDA ATTORNEY GENERAL,

Respondents-Appellees.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 3:20-cv-00890-MMH-PDB

2

2 Opinion of the Court 23-14165

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Before ROSENBAUM, NEWSOM, and LUCK, Circuit Judges. PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdiction . Dalvin Denson, proceeding pro se, filed a petition pursuant to 28 U.S.C. § 2254, which the district court denied in a final judgment . Denson timely filed a motion that the district court construed as a motion for an extension of time to appeal from the final judgment pursuant to Federal Rule of Appellate Procedure 4(a)(5). The district court granted an extension, requiring Denson to file a notice of appeal by November 24, 2023. However, Denson did not file a notice of appeal until December 20, 2023.

Denson’s notice of appeal cannot invoke our jurisdiction because it was not filed by the extended deadline to appeal. See 28 U.S.C. § 2107(c); Fed. R. App. P. 4(a)(5)(A); Harris v. Ballard, 158 F.3d 1164, 1166 (11th Cir. 1998).

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.