William T. Walker v. Corizon, LLC

• Court: Court of Appeals for the Eleventh Circuit
• Decided: November 3, 2023
• Docket: 23-12937
• Status: Unpublished

Opinion

USCA11 Case: 23-12937 Document: 15-1 Date Filed: 11/03/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-12937 Non-Argument Calendar ____________________

WILLIAM T. WALKER, Plaintiff-Appellant, versus ALABAMA DEPARTMENT OF CORRECTIONS,

Defendant,

CORIZON, LLC, JEFFERSON DUNN, WARDEN, SCOTT BELL, M.D., MICHAEL BOROWICZ, USCA11 Case: 23-12937 Document: 15-1 Date Filed: 11/03/2023 Page: 2 of 3

2 Opinion of the Court 23-12937

M.D., et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 4:20-cv-01176-CLM-NAD ____________________

Before JORDAN, NEWSOM, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The statutory time limit required William Walker to file a no- tice of appeal from the district court’s August 29, 2022 judgment by December 14, 2022, which was 30 days after the district court dis- posed of Walker’s motion challenging the judgment under Federal Rule of Civil Procedure 59(e). See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), (4)(A). However, Walker did not file his notice of ap- peal until August 29, 2023. See Houston v. Lack, 487 U.S. 266, 276 (1988). Additionally, there is no basis in the record for relief under Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). Accord- ingly, the notice of appeal is untimely and cannot invoke our ap- pellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d 1296, USCA11 Case: 23-12937 Document: 15-1 Date Filed: 11/03/2023 Page: 3 of 3

23-12937 Opinion of the Court 3

1300 (11th Cir. 2010) (noting that the timely filing of a notice of appeal in a civil case is a jurisdictional requirement, and we cannot entertain an appeal that is out of time). 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.