James Taylor v. Freedom Mortgage Corporation

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13852
Non-Argument Calendar
____________________
JAMES LAMONT TAYLOR,
Plaintiff-Appellant,
versus
FREEDOM MORTGAGE CORPORATION,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Georgia
D.C. Docket No. 1:22-cv-00154-JRH-BKE
____________________
USCA11 Case: 23-13852 Document: 13-1 Date Filed: 03/28/2024 Page: 1 of 2

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2 Order of the Court 23-13852
Before J ORDAN, JILL PRYOR , and ABUDU, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The 30-day statutory time limit required James Taylor to file
a notice of appeal from the district court’s May 1, 2023 final judg-
ment on or before May 31, 2023. See 28 U.S.C. § 2107(a); Fed. R.
App. P. 4(a)(1)(A). However, Taylor did not file a notice of appeal
until November 17, 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 Taylor
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) (providing that a
party may move to extend the time for filing a notice of appeal
within 30 days of entry of final judgment); see 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 judgment). 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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