Dalvin Denson v. Secretary, Department of Corrections, et al.

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-14165
Non-Argument Calendar
____________________
DALVIN DENSON,
Petitioner-Appellant,
versus
SECRETARY, DEPARTMENT OF CORRECTIONS,
FLORIDA ATTORNEY GENERAL,
Respondents-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 3:20-cv-00890-MMH-PDB
USCA11 Case: 23-14165 Document: 11-1 Date Filed: 03/06/2024 Page: 1 of 2

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2 Opinion of the Court 23-14165
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Before R OSENBAUM , NEWSOM , and L UCK , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Dalvin Denson, proceeding pro se, filed a petition pursuant to
28 U.S.C. § 2254, which the district court denied in a final judg-
ment. Denson timely filed a motion that the district court con-
strued as a motion for an extension of time to appeal from the final
judgment pursuant to Federal Rule of Appellate Procedure 4(a)(5).
The district court granted an extension, requiring Denson to file a
notice of appeal by November 24, 2023. However, Denson did not
file a notice of appeal until December 20, 2023.
Denson’s notice of appeal cannot invoke our jurisdiction be-
cause it was not filed by the extended deadline to appeal. See 28
U.S.C. § 2107(c); Fed. R. App. P. 4(a)(5)(A); Harris v. Ballard, 158 F.3d
1164, 1166 (11th Cir. 1998).
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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