Rodney Keaton v. R. Munia

• Court: Court of Appeals for the Eleventh Circuit
• Decided: November 28, 2023
• Docket: 23-13090
• Status: Unpublished

Opinion

USCA11 Case: 23-13090 Document: 11-1 Date Filed: 11/28/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-13090 Non-Argument Calendar ____________________

RODNEY KEATON, Plaintiff-Appellant, versus MIAMI-DADE COUNTY DIRECTOR/POLICE CHIEF, et al.,

Defendants,

R. MUNIA, Office #41776, SERGEANT PASTOR, #28581 [FNU], MAYOR OF THE CITY OF MIAMI, USCA11 Case: 23-13090 Document: 11-1 Date Filed: 11/28/2023 Page: 2 of 3

2 Opinion of the Court 23-13090

CITY OF MIAMI POLICE CHIEF, MORALES A. MANUEL,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:19-cv-22859-DPG ____________________

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 Rodney Keaton to file a notice of appeal from the district court’s August 18, 2023, final judgment on or before September 18, 2023. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, Keaton did not file a notice of appeal until September 19, 2023. Further, there is no basis in the record for relief under Fed- eral Rules of Appellate Procedure 4(a)(5) or 4(a)(6) because Keaton did not move to extend or reopen the appeal period or indicate in his notice of appeal that he failed to receive formal notice of the entry of judgment. See Fed. R. App. P. 4(a)(5) (providing that a party may move to extend the time for filing a notice of appeal USCA11 Case: 23-13090 Document: 11-1 Date Filed: 11/28/2023 Page: 3 of 3

23-13090 Opinion of the Court 3

within 30 days of entry of final judgment); Sanders v. United States, 113 F.3d 184, 187 (11th Cir. 1997) (noting that we will construe a late pro se notice of appeal as a motion to reopen the appeal period under Rule 4(a)(6) if the appellant indicates that he did not receive notice of the entry of an order or judgment within 21 days of its entry). Accordingly, the notice of appeal is untimely and cannot invoke our appellate jurisdiction. See Hamer v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017). 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.