Elgin Lamonte Bell v. Secretary, Florida Department of Corrections

USCA11 Case: 23-13555 Document: 10-1 Date Filed: 12/04/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13555
Non-Argument Calendar
____________________
ELGIN LAMONTE BELL,
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. 6:18-cv-01688-RBD-EJK
USCA11 Case: 23-13555 Document: 10-1 Date Filed: 12/04/2023 Page: 2 of 2
2 Opinion of the Court 23-13555
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Before JORDAN, ROSENBAUM, and LUCK, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The 30-day statutory time limit required Elgin Bell to file a
notice of appeal from the district court’s February 14, 2020 final
judgment on or before March 16, 2020. See 28 U.S.C. § 2107(a);
Fed. R. App. P. 4(a)(1)(A), 26(a)(1)(C). However, under the prison
mailbox rule, Bell did not file his notice of appeal until October 19,
2023. See 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). Fur-
ther, there is no basis in the record for relief under Federal Rule of
Appellate Procedure 4(a)(6). 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).
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.