Glenmore Poole v. Secretary, Florida Department of Corrections

USCA11 Case: 23-11976 Document: 8-1 Date Filed: 08/04/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11976
Non-Argument Calendar
____________________
GLENMORE POOLE,
Petitioner-Appellant,
versus
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
ATTORNEY GENERAL, STATE OF FLORIDA,
Respondents-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:20-cv-01983-KKM-AEP
USCA11 Case: 23-11976 Document: 8-1 Date Filed: 08/04/2023 Page: 2 of 2
2 Opinion of the Court 23-11976
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Before JORDAN, NEWSOM, and GRANT, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Although Glenmore Poole’s motion for reconsideration was
timely to toll the time to appeal from the district court’s March 31,
2023 final judgment until its resolution, the district court denied
the motion on May 9, 2023. Thus, the 30-day statutory time limit
required Poole to file a notice of appeal on or before June 8, 2023.
See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, he did
not file a notice of appeal until June 9, 2023, which is the date he
provided the notice to prison officials for mailing. See Jeffries v.
United States, 748 F.3d 1310, 1314 (11th Cir. 2014). Further, there is
no basis in the record for relief under Federal Rules of Appellate
Procedure 4(a)(5) or 4(a)(6). Accordingly, the notice of appeal can-
not invoke our appellate jurisdiction. See Hamer v. Neighborhood
Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017); Green v. Drug Enf’t Ad-
min., 606 F.3d 1296, 1300 (11th Cir. 2010).
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.