Manuel A. Junes v. Secretary, Florida Department of Corrections, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-10450
Non-Argument Calendar
____________________
MANUEL A. JUNES,
Petitioner-Appellant,
versus
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
FLORIDA ATTORNEY GENERAL,
Respondents-Appellees.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:14-cv-21855-MGC
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2 Opinion of the Court 24-10450
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Before J ORDAN , R OSENBAUM, and J ILL PRYOR , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. In February 2024, Manuel Junes, a prisoner proceeding pro se,
mailed the district court a notice of appeal that appears intended
for a state appellate court in a state habeas corpus action. The dis-
trict court docketed the notice in this federal habeas corpus action
that concluded several years ago. The district court entered a final
order in this action on May 16, 2018, and we affirmed the denial of
habeas relief in June 2019.
To the extent that Junes intends to again appeal the final or-
der in this federal case, his appeal is untimely and duplicative. The
statutory time limit required Junes to file a notice of appeal on or
before November 14, 2018, which was 30 days after the date judg-
ment was deemed entered on the district court’s May 16, 2018 or-
der. See Fed. R. Civ. P. 58(a); Fed. R. App. P. 4(a)(7)(A). However,
Junes did not file the instant notice of appeal until February 6, 2024.
See Fed. R. App. P. 4(c)(1); Jeffries v. United States, 748 F.3d 1310,
1314 (11th Cir. 2014) (noting that a pro se prisoner’s notice of appeal
is deemed filed on the date that he delivered it to prison authorities
for mailing, and absent contrary evidence, we assume that a pris-
oner delivered a filing on the date he signed it).
Additionally, there is no basis in the record for relief under
Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6).
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24-10450 Opinion of the Court 3
Accordingly, the notice of appeal is untimely and cannot invoke
our appellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d
1296, 1300 (11th Cir. 2010) (noting that the timely filing of a notice
of appeal in a civil case is a jurisdictional requirement, and we can-
not entertain an appeal that is out of time).
Even if Junes’s instant notice of appeal was timely, it is du-
plicative of his prior appeal before us, appeal no. 18-12500, because
it challenges the same judgment that we affirmed. See United States
v. Arlt, 567 F.2d 1295, 1297 (5th Cir. 1978) (holding that an appellant
“is not entitled to two appeals” from the same judgment); I.A. Dur-
bin, Inc. v. Jefferson Nat’l Bank, 793 F.2d 1541, 1551–52 (11th Cir.
1986) (noting that we have inherent administrative power to dis-
miss duplicative litigation to avoid wasting judicial resources).
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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