Dexter Hull v. CL-CH Residential Credit OPS 2, LLC

• Court: Court of Appeals for the Eleventh Circuit
• Decided: November 7, 2024
• Docket: 24-12735
• Status: Unpublished

Opinion

USCA11 Case: 24-12735 Document: 13-1 Date Filed: 11/07/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-12735 Non-Argument Calendar ____________________

2 BIG LEGACY, LLC, et al., Counter Defendants- Plaintiffs, DEXTER HULL, Interested Party-Appellant, versus CL-CH RESIDENTIAL CREDIT OPS 2, LLC, ALPHA FLOW TRANSITIONAL MORTGAGE TRUST 2021- WL1, WILMINGTON SAVINGS FUND SOCIETY, FSB, as trustee for Residential Mortgage Aggregation Trust, NYMT COMMERCIAL ACQUISITION, LLC, USCA11 Case: 24-12735 Document: 13-1 Date Filed: 11/07/2024 Page: 2 of 3

2 Opinion of the Court 24-12735

Defendants-Counter Claimant-Appellees

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-03133-SEG ____________________

Before JORDAN, GRANT, and BRASHER, Circuit Judges. PER CURIAM: Dexter Hull, proceeding pro se, appeals from the district court’s July 22, 2024, order adopting the magistrate judge’s report and recommendation and granting the defendants’ motions for summary judgment. The appellees move to dismiss this appeal be- cause Hull’s notice of appeal is untimely and because he does not have standing to appeal the July 22 order. We conclude that we lack jurisdiction over this appeal be- cause Hull’s notice of appeal is untimely. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010). Hull filed his notice of appeal on August 22, 2024, one day after the statutory deadline expired. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). More- over, there is no basis in the record for relief under Fed. R. App. P. 4(a)(5) or 4(a)(6). See 28 U.S.C. § 2107(c); Fed. R. App. P. 4(a)(5)(A), 4(a)(6); Parker v. Strickland, 728 F.2d 1406, 1407 (11th Cir. 1984); Sanders v. United States, 113 F.3d 184, 186 (11th Cir. 1997). USCA11 Case: 24-12735 Document: 13-1 Date Filed: 11/07/2024 Page: 3 of 3

24-12735 Opinion of the Court 3

Accordingly, the appellees’ motions to dismiss this appeal are GRANTED, and this appeal is DISMISSED for lack of jurisdic- tion. The appellees’ motions to impose sanctions are DENIED.