Sirtaj Mathauda v. USA

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-14213
Non-Argument Calendar
____________________
SIRTAJ MATHAUDA,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:18-cv-22057-JAL
____________________
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2 Opinion of the Court 23-14213
Before B RANCH, L AGOA , and BRASHER , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Sirtaj Mathauda, proceeding pro se, appeals the district court’s
October 21, 2020, final order and judgment in his 28 U.S.C. § 2255
proceedings. Mathauda timely appealed that judgment in Novem-
ber 2020 and, in appeal number 20-14623, we denied a certificate of
appealability.
Mathauda’s appeal is duplicative and untimely. We may use
our inherent administrative power to dismiss duplicative litigation
to avoid wasting judicial resources. Colo. River Water Conservation
Dist. v. United States, 424 U.S. 800, 817-18 (1976); accord I.A. Durbin,
Inc. v. Jefferson Nat’l Bank, 793 F.2d 1541, 1551 (11th Cir. 1986). An-
other appeal of the § 2255 judgment would be duplicative. See
United States v. Arlt, 567 F.2d 1295, 1297 (5th Cir. 1978) (noting that
an appellant is not generally entitled to two appeals from the same
judgment).
Further, the statutory time limit required Mathauda to file a
notice of appeal on or before December 21, 2020, the first Monday
following 60 days after the district court entered its judgment. See
28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1)(B), 26(a)(1)(C). How-
ever, he did not file the instant notice of appeal until December 28,
2023, and thus, it cannot invoke our jurisdiction. See Green v. Drug
Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010).
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23-14213 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.
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