John Stahlman v. Federal Bureau of Investigation, et al.

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13925
Non-Argument Calendar
____________________
JOHN DAVID STAHLMAN,
Petitioner,
versus
FEDERAL BUREAU OF INVESTIGATION,
UNITED STATES OF AMERICA,
Respondents.
____________________
Petition for Review of a Decision of the
Department of Justice
Agency No. 68280-018
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2 Opinion of the Court 23-13925
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Before WILSON, BRASHER , and ABUDU, CIRCUIT J UDGES.
PER CURIAM:
The petition for review is DISMISSED, sua sponte, for lack of
jurisdiction. John Stahlman, a prisoner proceeding pro se, filed with
us a petition for review of a final decision of the Bureau of Prisons
(“BOP”), made under its administrative remedy program, exclud-
ing him from using the Trust Fund Limited Inmate Communica-
tion System Public Messaging Service. Stahlman challenged this
decision in the United States District Court for the Middle District
of Florida in a civil action prior to filing his petition here, and the
district court dismissed that action and entered a final judgment on
July 17, 2023.
Nevertheless, Stahlman specifically states in his petition that
he seeks our review from the BOP’s final decision, not the July 17,
2023, final judgment in his earlier district court action. Stahlman
cannot invoke our review directly because there is not any statu-
tory authority for us to review decisions made under the BOP’s ad-
ministrative remedy program. See PPG Indus., Inc. v. Harrison, 587
F.2d 237, 242 (5th Cir. 1979), rev’d on other grounds, 446 U.S. 578
(1980); City of Baton Rouge v. U.S. EPA, 620 F.2d 478, 480 (5th Cir.
1980); 5 U.S.C. §§ 702, 703; In re School Bd. of Broward Cnty., 475 F.2d
1117, 1118–19 (5th Cir. 1973).
Furthermore, even if Stahlman’s pro se petition were liber-
ally construed as a notice of appeal from the district court’s July 17,
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23-13925 Opinion of the Court 3
2023, final judgment dismissing his civil action, it is untimely as to
that judgment. See United States v. Padgett, 917 F.3d 1312, 1317 (11th
Cir. 2019). The deadline to appeal from the final judgment was
September 15, 2023. See 28 U.S.C. § 2107(b); Fed. R. App. P.
4(a)(1)(B). However, Stahlman filed his petition, at the earliest, on
November 21, 2023. See Fed. R. App. P. 4(c); Jeffries v. United States,
748 F.3d 1310, 1314 (11th Cir. 2014); Daniels v. United States, 809
F.3d 588, 589 (11th Cir. 2015). Accordingly, we lack jurisdiction.
See Hamer v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 21
(2017); Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300–02 (11th Cir.
2010).
All pending motions are DENIED as moot. 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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