Glenmore Poole v. Secretary, Florida Department of Corrections ( 2023 )


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  • USCA11 Case: 23-11976   Document: 8-1      Date Filed: 08/04/2023   Page: 1 of 2
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 23-11976
    Non-Argument Calendar
    ____________________
    GLENMORE POOLE,
    Petitioner-Appellant,
    versus
    SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
    ATTORNEY GENERAL, STATE OF FLORIDA,
    Respondents-Appellees.
    ____________________
    Appeal from the United States District Court
    for the Middle District of Florida
    D.C. Docket No. 8:20-cv-01983-KKM-AEP
    USCA11 Case: 23-11976      Document: 8-1     Date Filed: 08/04/2023      Page: 2 of 2
    2                      Opinion of the Court                  23-11976
    ____________________
    Before JORDAN, NEWSOM, and GRANT, Circuit Judges.
    PER CURIAM:
    This appeal is DISMISSED, sua sponte, for lack of jurisdic-
    tion. Although Glenmore Poole’s motion for reconsideration was
    timely to toll the time to appeal from the district court’s March 31,
    2023 final judgment until its resolution, the district court denied
    the motion on May 9, 2023. Thus, the 30-day statutory time limit
    required Poole to file a notice of appeal on or before June 8, 2023.
    See 
    28 U.S.C. § 2107
    (a); Fed. R. App. P. 4(a)(1)(A). However, he did
    not file a notice of appeal until June 9, 2023, which is the date he
    provided the notice to prison officials for mailing. See Jeffries v.
    United States, 
    748 F.3d 1310
    , 1314 (11th Cir. 2014). Further, there is
    no basis in the record for relief under Federal Rules of Appellate
    Procedure 4(a)(5) or 4(a)(6). Accordingly, the notice of appeal can-
    not invoke our appellate jurisdiction. See Hamer v. Neighborhood
    Hous. Servs. of Chi., 
    138 S. Ct. 13
    , 21 (2017); Green v. Drug Enf’t Ad-
    min., 
    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.
    

Document Info

Docket Number: 23-11976

Filed Date: 8/4/2023

Precedential Status: Non-Precedential

Modified Date: 8/4/2023