Orlando Jefferson v. State

Opinion

USCA11 Case: 26-10239 Document: 12-2 Date Filed: 03/19/2026 Page: 1 of 2

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 26-10239 ____________________

ORLANDO JEFFERSON, Petitioner-Appellant, versus

THE STATE, Respondent-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:25-cv-00559-VMC ____________________

Before ROSENBAUM, JILL PRYOR, and KIDD, Circuit Judges. BY THE COURT: Orlando Jefferson, a state prisoner proceeding pro se, appeals from the district court’s April 2, 2025 final order and judgment and its December 31, 2025 post-judgment order. To appeal the judgment, the statutory time limit required Jefferson to file his notice of appeal on or before May 2, 2025. See USCA11 Case: 26-10239 Document: 12-2 Date Filed: 03/19/2026 Page: 2 of 2

2 Order of the Court 26-10239

28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, he did not file his notice of appeal, under the prison mailbox rule, until January 15, 2026, and thus, it is untimely and cannot invoke our jurisdiction as to the judgment. See Fed. R. App. P. 4(c)(1); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014); Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010). The notice is timely as to the district court’s December 31 post-judgment order. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). Accordingly, this appeal is DISMISSED in part, sua sponte, as to the April 2, 2025 final order and judgment. The appeal shall proceed as to only the December 31, 2025 order. No motion for reconsideration may be filed unless it complies with the timing and other requirements of 11th Cir. R. 27-2 and all other applicable rules.