Benjamin Lollis v. City of Atlanta

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12525
Non-Argument Calendar
____________________
BENJAMIN D. LOLLIS,
Plaintiff-Appellant,
versus
CITY OF ATLANTA,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:21-cv-04244-TCB
____________________
USCA11 Case: 23-12525 Document: 5-1 Date Filed: 09/07/2023 Page: 1 of 2

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2 Opinion of the Court 23-12525
Before R OSENBAUM , LUCK , and BRASHER , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Benjamin Lollis, proceeding pro se, appeals the district court’s
April 7, 2022, final order and judgment. The statutory time limit
required Lollis to file a notice of appeal on or before May 16, 2022,
30 days after the district court denied his motion to reconsider. See
28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(4)(A); Fed. R. Civ. P. 59(e).
However, Lollis did not file his notice of appeal until August 1,
2023.
Additionally, there is no basis for relief under Federal Rules
of Appellate Procedure 4(a)(5) or 4(a)(6) because Lollis did not
move for relief under either Rule until more than a year after 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 Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300
(11th Cir. 2010).
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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