Sylvester Johnson v. Secretary, Department of Corrections, et al

22-13948Court of Appeals for the Eleventh CircuitMay 15, 2024

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[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-13948
Non-Argument Calendar
____________________
SYLVESTER JOHNSON,
Petitioner-Appellant,
versus
SECRETARY, 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. 8:19-cv-02297-CEH-TGW
USCA11 Case: 22-13948 Document: 29-1 Date Filed: 05/15/2024 Page: 1 of 2

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2 Opinion of the Court 22-13948
____________________
Before W ILSON , BRASHER , and A BUDU , Circuit Judges.
PER CURIAM:
Sylvester Johnson, pro se, appeals the district court’s final
judgment denying his 28 U.S.C. § 2254 petition. Upon review of
the record and the State’s response to the jurisdictional questions,
we conclude that we lack jurisdiction over the appeal.
Johnson’s November 17, 2022 notice of appeal is untimely
to appeal from the district court’s July 27, 2022 final judgment. See
28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). Following a limited
remand, the district court denied Johnson’s construed motion for
relief under Federal Rule of Appellate Procedure 4(a)(6). Johnson
has not challenged that decision. Thus, we lack jurisdiction over
this appeal. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300-01
(11th Cir. 2010) (noting that the timely filing of a notice of appeal
in a civil action is a jurisdictional requirement).
Accordingly, this appeal is DISMISSED for lack of jurisdic-
tion. All pending motions are DENIED as MOOT.
USCA11 Case: 22-13948 Document: 29-1 Date Filed: 05/15/2024 Page: 2 of 2

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