Artez J. Simmons v. Warden, et al.

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12656
Non-Argument Calendar
____________________
ARTEZ J. SIMMONS,
Petitioner-Appellant,
versus
WARDEN,
GEORGIA DEPARTMENT OF CORRECTIONS,
Respondents-Appellees.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:15-cv-00473-TCB
USCA11 Case: 23-12656 Document: 25-1 Date Filed: 11/01/2023 Page: 1 of 2

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2 Opinion of the Court 23-12656
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Before WILSON, GRANT, and L UCK , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Artez Simmons, a state prisoner proceeding pro se, appeals
the district court’s June 26, 2023, order denying his motion for relief
under Fed. R. Civ. P. 60(b)(6). The statutory time limit required
him to file his notice of appeal by July 26, 2023. See 28 U.S.C.
§ 2107(a); Fed. R. App. P. 4(a)(1)(A). The notice of appeal, deemed
filed on August 5, 2023, which is the date Simmons certified that he
mailed it from prison, is therefore untimely. See Fed. R. App. P.
4(c)(1); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014).
Additionally, there is no basis for relief under Rule 4(a)(6)
because Simmons received notice of the court’s order exactly
21 days after the entry of the order. See Fed. R. App. P. 4(a)(6);
28 U.S.C. § 2107(c). Therefore, we lack 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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