Richard Altman White v. Birgit Boehm, C.F.O. et al

23-13108Court of Appeals for the Eleventh CircuitApr 23, 2024

Full text

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13108
Non-Argument Calendar
____________________
RICHARD ALTMAN WHITE,
Plaintiff-Appellant,
versus
BIRGIT BOEHM,
C.F.O.,
STEFAN KRAMER,
C.F.O.,
BMW BANK OF NORTH AMERICA,
BMW FINANCIAL SERVICES NA, LLC,
Defendants-Appellees.
____________________

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2 Opinion of the Court 23-13108
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-02962-VMC
____________________
Before N EWSOM, BRASHER , and A BUDU , Circuit Judges.
PER CURIAM:
Upon review of the record and the response to the jurisdic-
tional question, this appeal is DISMISSED for lack of jurisdiction.
Appellant Richard White’s September 13, 2023 notice of ap-
peal is untimely to appeal from the July 17, 2023 final judgment
dismissing his action. See Fed. R. App. P. 4(a)(1)(A) (providing that
notices of appeal must be filed within 30 days of the entry of final
judgment); 28 U.S.C. § 2107(a). White referred to two defendants
in his complaint as both “Federal Reserve agents” and the Chief
Financial Officers of private entities, but other than those summary
labels, his complaint did not contain any allegations that any de-
fendant is a federal agency, officer, or employee. Nor does any-
thing else in the record suggest that there is a federal defendant. In
his response to our jurisdictional question, White stated that he
made those references in his complaint based on his understanding
of federal laws pertaining to the Federal Reserve. The laws he cited
also do not support a finding that any defendant is a federal agency,
officer, or employee. We thus conclude that the 60-day appeal
deadline in Fed. R. App. P. 4(a)(1)(B) does not apply.
All pending motions are DENIED as moot.

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