Reginald Johnson v. The City of Satsuma, Alabama, et al.

In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11481
____________________
REGINALD JOHNSON,
Plaintiff-Appellant,
versus
THE CITY OF SATSUMA, ALABAMA,
MAURICE KIRK HARLESS,
Owner of MKH Properties,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Southern District of Alabama
D.C. Docket No. 1:22-cv-00255-KD-MU
____________________
USCA11 Case: 23-11481 Document: 27-2 Date Filed: 10/10/2023 Page: 1 of 2

-- 1 of 2 --

2 Order of the Court 23-11481
Before J ORDAN, NEWSOM , and L UCK , Circuit Judges.
BY THE COURT:
The motion to dismiss filed by the City of Satsuma, Alabama
is DENIED and this appeal may proceed. Reginald Johnson appeals
the district court’s December 13, 2022 order and judgment dismiss-
ing his complaint with prejudice and imposing a filing injunction.
The City argues the appeal is untimely because Johnson filed his
notice of appeal on April 27, 2023. However, Johnson’s January 3,
2023 filing titled as an objection to the December 13, 2022 order
and judgment was a timely tolling motion under Fed. R. App.
P. 4(a)(4)(A) because it challenged the merits of the district court’s
ruling. Therefore, Johnson was required to appeal within 30 days
of the district court’s July 7, 2023 paperless order striking the tolling
motion, i.e., by August 7, 2023. See id. R. 4(a)(1)(A), 4(a)(4)(A),
26(a)(1). His April 27 notice, filed before the expiration of that
deadline, became effective after the court struck his tolling motion.
See id. R. 4(a)(4)(B)(i).
USCA11 Case: 23-11481 Document: 27-2 Date Filed: 10/10/2023 Page: 2 of 2

-- 2 of 2 --