Sherman Lee Ridley v. Johnson SP Warden

Opinion

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-12876 Non-Argument Calendar ____________________

SHERMAN LEE RIDLEY, Petitioner-Appellant, versus JOHNSON SP WARDEN,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:22-cv-03787-SEG ____________________ 2 Opinion of the Court 23-12876

Before ROSENBAUM, LAGOA, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Sherman Ridley, a state prisoner proceeding pro se, appeals the district court’s May 30, 2023, final order and judgment. The statutory time limit required him to file a notice of appeal on or before June 29, 2023, 30 days after the district court entered its judg- ment. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). The no- tice of appeal, deemed filed on August 25, 2023, the date he deliv- ered it to prison officials for mailing, is therefore untimely, and we lack jurisdiction. 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). 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.