Robin Bouey v. Orange County Service Unit

Case: 17-11337 Date Filed: 08/09/2017 Page: 1 of 2
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_________________________
No. 17-11337-H
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ROBIN BOUEY,
Plaintiff-Appellant,
versus
ORANGE COUNTY SERVICE UNIT,
Defendant-Appellee.
Appeal from the United States District Court
for the Middle District of Florida
Before: WILSON, JORDAN, and JULIE CARNES,
BY THE COURT:
To the extent that Appellant Robin Bouey’s March 9, 2017, “Amended Notice of
Appeal” seeks to appeal from the underlying judgment, she has already appealed that order, we
have already affirmed, and she is not entitled to two appeals of the same order. See Firestone
Tire & Rubber Co. v. Risjord, 449 U.S. 368, 374 (1981); United States v. Arlt, 567 F.2d 1295,
1297 (5th Cir. 1978). In addition, Ms. Bouey’s amended notice of appeal is untimely to appeal
from the district court’s post-judgment order entered on February 4, 2016, because it was filed
outside the 30-day time period to appeal. Fed. R. App. P. 4(a)(1)(A), 26(a)(1)(C). Accordingly,
Appellee Orange County Service Unit’s motion to dismiss the appeal for lack of jurisdiction is
Case: 17-11337 Date Filed: 08/09/2017 Page: 2 of 2
GRANTED, and this appeal is hereby DISMISSED. See Bowles v. Russell, 551 U.S. 205, 214
(2007) (explaining that the courts cannot “create equitable exceptions to jurisdictional
requirements”). The Appellee’s motion to strike Ms. Bouey’s response to the motion to dismiss
is GRANTED IN PART. The response is stricken as to pages 7 and 8 and the sealed transcript
of the settlement conference, and the Clerk is directed to ensure that these items are removed
from electronic public access. Any other pending motions are denied as moot.
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