Elizabeth Korcz v. USA

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12325
Non-Argument Calendar
____________________
ELIZABETH KORCZ,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Alabama
D.C. Docket No. 2:23-cv-08002-RDP
____________________
USCA11 Case: 23-12325 Document: 11-1 Date Filed: 09/25/2023 Page: 1 of 3

-- 1 of 3 --

2 Opinion of the Court 23-12325
Before WILSON, NEWSOM , and L AGOA , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The 60-day statutory time limit required Elizabeth Korcz to
file a notice of appeal from the district court’s April 18, 2023 mem-
orandum opinion and separate order denying her 28 U.S.C. § 2255
motion to vacate on or before June 20, 2023. See 28 U.S.C.
§ 2107(b); Fed. R. App. P. 4(a)(1)(B), 26(a)(1)(C). However, Korcz
did not file her notice of appeal until July 11, 2023.
Further, the district court entered its final order in a docu-
ment separate and apart from its accompanying memorandum
opinion, so the time to appeal began to run that day—April 18,
2023. See Fed. R. Civ. P. 58(a) (providing that every judgment must
generally “be set out in a separate document”); Fed. R. App. P.
4(a)(7) (stating that when a separate document is required, a judg-
ment or order is deemed entered for timeliness purposes when it is
set forth on a separate document or 150 days have passed from en-
try of the judgment or order in the civil docket, whichever is ear-
lier); State Nat’l Bank of El Paso v. United States, 488 F.2d 890, 892-93
(5th Cir. 1974); Weinberger v. United States, 559 F.2d 401, 402 & n.1
(5th Cir. 1977); Wright v. Preferred Research, Inc., 937 F.2d 1556, 1560
(11th Cir. 1991). Accordingly, the notice of appeal is untimely and
cannot invoke our appellate jurisdiction. See Green v. Drug Enf’t Ad-
min., 606 F.3d 1296, 1300 (11th Cir. 2010).
USCA11 Case: 23-12325 Document: 11-1 Date Filed: 09/25/2023 Page: 2 of 3

-- 2 of 3 --

23-12325 Opinion of the Court 3
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.
USCA11 Case: 23-12325 Document: 11-1 Date Filed: 09/25/2023 Page: 3 of 3

-- 3 of 3 --