Torrie Austin v. USA

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-13829
Non-Argument Calendar
____________________
TORRIE CHERMAINE AUSTIN,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 2:21-cv-14270-RLR
____________________
USCA11 Case: 22-13829 Document: 11-1 Date Filed: 06/23/2023 Page: 1 of 2

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2 Opinion of the Court 22-13829
Before J ILL PRYOR , B RANCH, and G RANT , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. We previously construed Mr. Austin’s October 2022 motion
for a certificate of appealability as a notice of appeal from the dis-
trict court’s July 29, 2022 final judgment and remanded to the dis-
trict court for the limited purpose of determining whether the ap-
peal period should be reopened under Federal Rule of Appellate
Procedure 4(a)(6).1 The construed notice of appeal is untimely to
challenge the final judgment, as it was filed after the statutory dead-
line, and the district court declined to reopen the appeal period on
limited remand. See Fed. R. App. P. 4(a)(1)(A), (a)(6), (c)(1); Green
v. Drug Enf’t Admin., 606 F.3d 1296, 1300-01 (11th Cir. 2010); see also
Daniels v. United States, 809 F.3d 588, 589 (11th Cir. 2015). Accord-
ingly, we lack jurisdiction over this appeal.
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.
1 The original notice of appeal evinced an intent to appeal from the
district court’s October 31, 2022 order denying Mr. Austin’s motion for a cer-
tificate of appealability but an appeal from a district court’s denial of a certifi-
cate of appealability is procedurally improper. See Pruitt v. United States, 274
F.3d 1315, 1319 (11th Cir. 2001); see also 28 U.S.C. § 2253(c)(1); Edwards v.
United States, 114 F.3d 1083, 1084 (11th Cir. 1997).
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