Kenneth Doctor v. Secretary, Department of Corrections, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-10280
Non-Argument Calendar
____________________
KENNETH DOCTOR,
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. 3:21-cv-00155-BJD-MCR
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2 Opinion of the Court 24-10280
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Before J ORDAN , JILL P RYOR , and L AGOA, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Although Kenneth Doctor’s construed motion for reconsid-
eration was timely to toll the time to appeal from the district
court’s September 14, 2023 final judgment until the motion’s dis-
position, Doctor did not timely appeal. Because the district court
denied the motion on October 17, 2023, the 30-day statutory time
limit required Doctor to file a notice of appeal on or before No-
vember 16, 2023 to appeal the judgment or the October 17 order.
See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, he did
not file a notice of appeal until January 16, 2024, which is the date
he provided the notice to prison officials for mailing. See Jeffries v.
United States, 748 F.3d 1310, 1314 (11th Cir. 2014). Further, there is
no basis in the record for relief under Federal Rules of Appellate
Procedure 4(a)(5) or 4(a)(6). Accordingly, the notice of appeal can-
not invoke our appellate jurisdiction. See Green v. Drug Enf’t Admin.,
606 F.3d 1296, 1300 (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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