Reginald Middlebrooks v. Swift Transportation

Opinion

[DO NOT PUBLISH]

In the

United States Court of Appeals For the Eleventh Circuit

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No. 24-13989

Non-Argument Calendar

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REGINALD MIDDLEBROOKS, Plaintiff-Appellant,

versus SWIFT TRANSPORTATION,

Defendant-Appellee.

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Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 5:24-cv-00274-TES

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2

2 Opinion of the Court 24-13989

Before ROSENBAUM, NEWSOM, and ABUDU, Circuit Judges. PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdiction . Reginald Middlebrooks, proceeding pro se, appeals the district court’s August 20, 2024, order dismissing his complaint with prejudice . We lack jurisdiction over this appeal because Middlebrooks’s notice of appeal is untimely. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010). Middlebrooks had until September 19, 2024, to file a notice of appeal, but he did not file his notice until November 29, 2024. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). There is no basis in the record for relief under Fed. R. App. P. 4(a)(5) or 4(a)(6). See Fed. R. App. P. 4(a)(5), (a)(6); 28 U.S.C. § 2107(c); 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.