Frantz Germain v. State of California

USCA11 Case: 23-13812 Document: 8-1 Date Filed: 12/28/2023 Page: 1 of 3
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13812
Non-Argument Calendar
____________________
FRANTZ GERMAIN,
Plaintiff-Appellant,
versus
STATE OF CALIFORNIA,
COMMISSIONER OF PLACER COUNTY,
EDWARD MISLEH,
THE STATE BAR OF CALIFORNIA,
Defendants-Appellees.
____________________
USCA11 Case: 23-13812 Document: 8-1 Date Filed: 12/28/2023 Page: 2 of 3
2 Opinion of the Court 23-13812
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 0:22-cv-60601-RS
____________________
Before ROSENBAUM, BRANCH, and LUCK, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Frantz Germain appeals the district court’s March 10, 2023
order dismissing his case. Because the district court did not set
forth a judgment on a separate document, judgment was deemed
entered 150 days later, or on August 7, 2023. Germain had 30 days
from that date to file his notice of appeal, or until September 6,
2023. Fed. R. App. P. 4(a)(7)(A)(ii). However, Germain did not file
his notice of appeal until November 2, 2023.
Further, there is no basis in the record for relief under Fed-
eral Rules of Appellate Procedure 4(a)(5) or 4(a)(6). See Fed. R.
App. P. 4(a)(5) (providing that a party may move to extend the time
for filing a notice of appeal within 30 days of entry of final order),
4(a)(6)(A) (providing that the court may reopen the time to file an
appeal for a period of 14 days where a party does not receive notice
of the entry of the judgment). Accordingly, the notice of appeal is
untimely and cannot invoke our appellate jurisdiction. See Hamer
v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017).
USCA11 Case: 23-13812 Document: 8-1 Date Filed: 12/28/2023 Page: 3 of 3
23-13812 Opinion of the Court 3
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.