USA v. Todd Stephens

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-10033
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TODD STEPHENS,
Defendant-Appellant,
PNC MORTGAGE,
a division of PNC Bank National Association, et al.,
Defendants.
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2 Opinion of the Court 24-10033
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 9:23-cv-80043-AHS
____________________
Before J ORDAN, BRASHER , and ABUDU, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Todd Stephens, proceeding pro se, appeals from the district
court’s final judgment in favor of the United States and our dismis-
sal of his previous appeal, which also was from that judgment, for
failure to pay the filing fee.
The 60-day statutory time limit required Stephens to file a
notice of appeal from the district court’s October 13, 2023 final
judgment on or before December 12, 2023. See 28 U.S.C. § 2107(b);
Fed. R. App. P. 4(a)(1)(B). However, Stephens did not file the in-
stant notice of appeal until January 2, 2024. Further, there is no
basis in the record for relief under Federal Rules of Appellate Pro-
cedure 4(a)(5) or 4(a)(6) because Stephens 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 judgment. See Fed.
R. App. P. 4(a)(5)-(6). Accordingly, the notice of appeal is untimely
and cannot invoke our appellate jurisdiction. See Hamer v. Neigh-
borhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017).
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24-10033 Opinion of the Court 3
Additionally, Stephens cannot challenge our dismissal of his
previous appeal via a notice of appeal. See 28 U.S.C. § 1294(1). He
filed a motion to reinstate that appeal but did not submit the filing
fee with his motion. See 11th Cir. Rule 42-1(b), 42-2(c).
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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