Torrie Austin v. United States

USCA11 Case: 22-13829 Document: 11-1 Date Filed: 06/23/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-13829
Non-Argument Calendar
____________________
TORRIE CHERMAINE AUSTIN,
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. 2:21-cv-14270-RLR
____________________
USCA11 Case: 22-13829 Document: 11-1 Date Filed: 06/23/2023 Page: 2 of 2
2 Opinion of the Court 22-13829
Before JILL PRYOR, BRANCH, and GRANT, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. We previously construed Mr. Austin’s October 2022 motion
for a certificate of appealability as a notice of appeal from the dis-
trict court’s July 29, 2022 final judgment and remanded to the dis-
trict court for the limited purpose of determining whether the ap-
peal period should be reopened under Federal Rule of Appellate
Procedure 4(a)(6). 1 The construed notice of appeal is untimely to
challenge the final judgment, as it was filed after the statutory dead-
line, and the district court declined to reopen the appeal period on
limited remand. See Fed. R. App. P. 4(a)(1)(A), (a)(6), (c)(1); Green
v. Drug Enf’t Admin., 606 F.3d 1296, 1300-01 (11th Cir. 2010); see also
Daniels v. United States, 809 F.3d 588, 589 (11th Cir. 2015). Accord-
ingly, we lack jurisdiction over this appeal.
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.
1 The original notice of appeal evinced an intent to appeal from the
district court’s October 31, 2022 order denying Mr. Austin’s motion for a cer-
tificate of appealability but an appeal from a district court’s denial of a certifi-
cate of appealability is procedurally improper. See Pruitt v. United States, 274
F.3d 1315, 1319 (11th Cir. 2001); see also 28 U.S.C. § 2253(c)(1); Edwards v.
United States, 114 F.3d 1083, 1084 (11th Cir. 1997).