William A. Ellis v. TMX Finance LLC, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-14209
Non-Argument Calendar
____________________
WILLIAM A. ELLIS,
Plaintiff-Appellant,
versus
TMX FINANCE LLC,
TITTLE MAX,
Defendants- Appellees.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-03992-TCB
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2 Opinion of the Court 23-14209
____________________
Before J ORDAN, JILL PRYOR , and NEWSOM , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The 30-day statutory time limit required William Ellis to file
a notice of appeal from the district court’s order entered on Octo-
ber 3, 2023 by November 2, 2023. See 28 U.S.C. § 2107(a); Fed. R.
App. P. 4(a)(1)(A). However, Ellis did not file his notice of appeal
until December 18, 2023.
Further, there is no basis in the record for relief under Fed-
eral Rules of Appellate Procedure 4(a)(5) or 4(a)(6) because Ellis did
not move to extend or reopen the appeal period or indicate in his
notice of appeal that he failed to receive formal notice of the entry
of the order. See Fed. R. App. P. 4(a)(5) (providing that a party may
move to extend the time for filing a notice of appeal within 30 days
of entry of final judgment); Fed. R. App. P. 4(a)(6)(A) (providing
that the court may reopen the time to file an appeal for a period of
14 days where a party does not receive notice of the entry of the
order). 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).
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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