Ketwon Westmoreland v. Walter Berry

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-10404
Non-Argument Calendar
____________________
KETWON WESTMORELAND,
Petitioner-Appellant,
versus
WALTER BERRY,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-02465-LMM
____________________
USCA11 Case: 24-10404 Document: 10-1 Date Filed: 03/29/2024 Page: 1 of 2

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2 Opinion of the Court 24-10404
Before W ILSON , J ORDAN , and J ILL PRYOR , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The 30-day statutory time limit required Ketwon West-
moreland to file a notice of appeal from the district court’s July 14,
2023 final judgment on or before August 14, 2023. See 28 U.S.C. §
2107(a); Fed. R. App. P. 4(a)(1)(A). However, Westmoreland did
not file a notice of appeal until January 26, 2024, which is the date
it is deemed filed under the prison mailbox rule. See Jeffries v. United
States, 748 F.3d 1310, 1314 (11th Cir. 2014).
Further, the record contains no basis for relief under Federal
Rules of Appellate Procedure 4(a)(5) or 4(a)(6) because West-
moreland did not move to extend or reopen the appeal period or
indicate in his notice of appeal that he failed to receive formal no-
tice 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 ap-
peal within 30 days of entry of final judgment); id. R. 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 un-
timely and cannot 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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