Raissa Kengne v. AGSouth Farm Credit, ACA

• Court: Court of Appeals for the Eleventh Circuit
• Decided: July 23, 2024
• Docket: 24-11885
• Status: Unpublished

Opinion

USCA11 Case: 24-11885 Document: 9-2 Date Filed: 07/23/2024 Page: 1 of 2

In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-11885 ____________________

RAISSA DJUISSI KENGNE, Plaintiff-Appellant, versus AGSOUTH FARM CREDIT, ACA, AGFIRST FARM CREDIT BANK,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:22-cv-02263-SEG ____________________

Before JORDAN and JILL PRYOR, Circuit Judges. USCA11 Case: 24-11885 Document: 9-2 Date Filed: 07/23/2024 Page: 2 of 2

2 Order of the Court 24-11885

BY THE COURT: This appeal is DISMISSED in part, sua sponte, for lack of ju- risdiction. Raissa Kengne, a state prisoner proceeding pro se, ap- peals from the October 27, 2022 final order and judgment and the April 11, 2024 order denying as moot her request for an extension of time. To appeal the judgment, the statutory time limit required her to file her notice of appeal on or before November 28, 2022, the Monday following 30 days from the entry of judgment on October 27, 2022. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), 26(a)(1)(C). However, she did not file her notice of appeal until May 1, 2024, and thus, it is untimely and cannot invoke our juris- diction 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). Nonetheless, Kengne’s notice of appeal is timely to appeal from the district court’s April 11, 2024 post-judgment order. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). Accordingly, the appeal may proceed as to only that order. No motion for reconsideration may be filed unless it com- plies with the timing and other requirements of 11th Cir. R. 27‑2 and all other applicable rules.