Derrick LeWayne Daniels v. Laster

• Court: Court of Appeals for the Eleventh Circuit
• Decided: February 11, 2025
• Docket: 24-14247
• Status: Unpublished

Opinion

USCA11 Case: 24-14247 Document: 6-1 Date Filed: 02/11/2025 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-14247 Non-Argument Calendar ____________________

DERRICK LAWAYNE DANIELS, Plaintiff-Appellant, versus CAPTAIN LASTER, LT. LANGLEY, SGT. CASINO, SGT. THOMAS, G. PATTERSON, Officer, et al.,

Defendants-Appellees.

____________________ USCA11 Case: 24-14247 Document: 6-1 Date Filed: 02/11/2025 Page: 2 of 3

2 Opinion of the Court 24-14247

Appeal from the United States District Court for the Middle District of Alabama D.C. Docket No. 2:23-cv-00517-MHT-JTA ____________________

Before JILL PRYOR, BRANCH, and KIDD, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Derrick Daniels’s notice of appeal, deemed filed on Decem- ber 16, 2024, is untimely to challenge the district court’s March 13, 2024 final order and judgment dismissing his case without preju- dice for failure to prosecute. See Fed. R. App. P. 4(a)(1)(A); 28 U.S.C. § 2107(a); Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014) (noting that a pro se prisoner’s notice of appeal is deemed filed on the date he delivers it to prison authorities for mailing). To the extent that Daniels also seeks to challenge the district court’s December 3, 2024 order denying his motion for leave to appeal in forma pauperis (“IFP”), such rulings are not appealable, as the proper procedure is to file in the appellate court a motion to proceed IFP on appeal. See Fed. R. App. P. 24(a)(5); Gomez v. United States, 245 F.2d 346, 347 (5th Cir. 1957). Therefore, we lack jurisdiction to review either the district court’s March 13, 2024 final judgment or the December 3, 2024 or- der denying Daniels’s motion for leave to appeal IFP. USCA11 Case: 24-14247 Document: 6-1 Date Filed: 02/11/2025 Page: 3 of 3

24-14247 Opinion of the Court 3

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.