Jon Rhodes v. Tom Lee

• Court: Court of Appeals for the Eleventh Circuit
• Decided: October 24, 2024
• Docket: 24-12765
• Status: Unpublished

Opinion

USCA11 Case: 24-12765 Document: 11-1 Date Filed: 10/24/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-12765 Non-Argument Calendar ____________________

JON ALLEN RHODES, Plaintiff-Appellant, versus US DISTRICT COURT JUDGE TOM S. LEE, SUPREME COURT OF APPEALS, 20TH DISTRICT COURT, MS ATTORNEYS OFFICE, COUNTY COURT OF RANKIN COUNTY, et al.,

Defendants-Appellees.

____________________ USCA11 Case: 24-12765 Document: 11-1 Date Filed: 10/24/2024 Page: 2 of 2

2 Opinion of the Court 24-12765

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-02680-JPB ____________________

Before WILSON, JILL PRYOR, and GRANT, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Jon Rhodes appeals from the district court’s order dismissing his action without prejudice. We lack jurisdiction over this appeal because Rhodes’s no- tice of appeal is untimely. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010). Rhodes did not file his notice of appeal within 60 days of the date on which the court’s dismissal became final, and he did not file a valid tolling motion. See 28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1)(B), 4(a)(4)(A). Rhodes is not entitled to relief under Fed. R. App. P. 4(a)(5) or 4(a)(6) because he did not file a timely motion to extend or assert that he did not receive timely notice of the final or order or judg- ment. See 28 U.S.C. § 2107(c); Fed. R. App. P. 4(a)(5)(A), 4(a)(6); Sanders v. United States, 113 F.3d 184, 187 (11th Cir. 1997). 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.