USA v. Donell Hatcher

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13316
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONELL HATCHER,
a.k.a. Big Al,
a.k.a. Daryl Richardson,
a.k.a. Darryl Wayne Richardson,
a.k.a. Alan Richardson,
a.k.a. A Richardson,
a.k.a. Al,
Defendant-Appellant.
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2 Opinion of the Court 23-13316
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Appeal from the United States District Court
for the Northern District of Alabama
D.C. Docket No. 2:07-cr-00144-KOB-JHE-1
____________________
Before JORDAN, JILL PRYOR, and LUCK, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Donell Hatcher appeals from both the district court’s July 22,
2021, order denying a writ of error coram nobis and its April 19,
2023, order denying reconsideration of the July 22, 2021, order. Be-
cause Hatcher’s motion for reconsideration was not timely to toll
the time to appeal the July 22, 2021, order, the 60-day statutory
time limit required him to file a notice of appeal from that order on
or before September 20, 2021. See 28 U.S.C. § 2107(b); Fed. R. App.
P. 4(a)(1)(B), 4(a)(1)(C), 4(a)(4)(A). Similarly, the 60-day statutory
time limit required Hatcher to file a notice of appeal from the dis-
trict court’s April 19, 2023, order on or before June 20, 2023. See 28
U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1)(B), 26(a)(1)(C). However,
Hatcher did not file a notice of appeal until October 6, 2023, past
both deadlines. 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).
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23-13316 Opinion of the Court 3
All pending motions are DENIED as moot. 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.
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