Kim Camille Florence v. District Attorney of Columbus

• Court: Court of Appeals for the Eleventh Circuit
• Decided: May 21, 2024
• Docket: 24-11037
• Status: Unpublished

Opinion

USCA11 Case: 24-11037 Document: 7-1 Date Filed: 05/21/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-11037 Non-Argument Calendar ____________________

KIM CAMILLE FLORENCE, Plaintiff-Appellant, versus DISTRICT ATTORNEY OF COLUMBUS, MAYOR OF COLUMBUS, SHERIFF OF COLUMBUS, COLUMBUS CHIEF OF POLICE, LARRY MITCHELL, Jail Commander, et al.,

Defendants-Appellees.

____________________ USCA11 Case: 24-11037 Document: 7-1 Date Filed: 05/21/2024 Page: 2 of 2

2 Opinion of the Court 24-11037

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 4:23-cv-00110-CDL-MSH ____________________

Before NEWSOM, GRANT, and LUCK, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The 30-day statutory time limit required Kim Florence, a jail inmate proceeding pro se, to file a notice of appeal from the district court’s December 6, 2023 judgment on or before January 5, 2024. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, Flor- ence did not file a notice of appeal until March 18, 2024. Although a motion to appeal in forma pauperis (”IFP”) can be construed as a notice of appeal, Florence’s motion that the district court docketed in this action is captioned as seeking leave to proceed in appeal number 23-13902, which is pending. See Haney v. Mizell Mem’l Hosp., 744 F.2d 1467, 1472 (11th Cir. 1984). Accordingly, the notice of appeal filed on March 18, 2024 is untimely and cannot invoke our appellate jurisdiction. See Hamer v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017). All pending motions are denied as moot. No petition for re- hearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.