Major Clark v. Telfair SP Warden

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 27, 2024
• Docket: 24-11761
• Status: Unpublished

Opinion

USCA11 Case: 24-11761 Document: 5-1 Date Filed: 06/27/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-11761 Non-Argument Calendar ____________________

MAJOR ANTHONY CLARK, Plaintiff-Appellant, versus TELFAIR SP WARDEN, MRS. GRIFFIN, Lieutenant at Telfair S.P., MR. WRIGHT, CERT Ofc., MR. RIVERA, Cert Ofc. at Telfair S.P. individually and in their official capacities, USCA11 Case: 24-11761 Document: 5-1 Date Filed: 06/27/2024 Page: 2 of 3

2 Opinion of the Court 24-11761

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 3:23-cv-00104-DHB-BKE ____________________

Before WILSON, GRANT, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The 30-day statutory time limit required Major Clark to file a notice of appeal from the district court’s March 26, 2024 judgment on or before April 25, 2024. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, Clark did not file a notice of appeal until May 9, 2024. See Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014) (explaining the prisoner mailbox rule). Further, the record contains no basis for relief under Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). See Fed. R. App. P. 4(a)(5) (providing that a party may move to extend the time for filing a notice of appeal within 30 days of entry of final judgment); id. R. 4(a)(6)(A) (providing that the court may reopen the time to file an appeal for a period of 14 days where a party does not receive notice of the entry of the judgment). Accordingly, the notice of appeal is untimely and cannot invoke our appellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010). USCA11 Case: 24-11761 Document: 5-1 Date Filed: 06/27/2024 Page: 3 of 3

24-11761 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.