Lena Lindberg v. Robin Lemonidis

USCA11 Case: 23-11257 Document: 13-1 Date Filed: 05/26/2023 Page: 1 of 3

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________ No. 23-11257 Non-Argument Calendar ____________________

LENA MARIE LINDBERG,

Plaintiff-Appellant, versus ROBIN C. LEMONIDIS, LORI TODD, Official Capacities, F. BARBERI, Officer, Official Capacity, E. MCKINNON, DAVID GILLESPIE, Official Capacities, et al.,

USCA11 Case: 23-11257 Document: 13-1 Date Filed: 05/26/2023 Page: 2 of 3 2 Opinion of the Court 23-11257

Defendants-Appellees.

____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:21-cv-01783-RBD-DCI

____________________

Before JORDAN, ROSENBAUM, and BRASHER, Circuit Judges.

PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The statutory time limit required Lena Lindberg to file a no- tice of appeal on or before June 20, 2022, which was the next busi- ness day after 30 days following the date judgment was deemed entered on the district court’s December 20, 2021 dismissal order. Fed. R. Civ. P. 58(a); Fed. R. App. P. 4(a)(7)(A), 26(a)(1)(C). How- ever, Lindberg did not file a notice of appeal until April 8, 2023.

Additionally, there is no basis in the record for relief under Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). Accord- ingly, the notice of appeal is untimely and cannot invoke our ap- pellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010) (noting that the timely filing of a notice of appeal in a civil case is a jurisdictional requirement, and we cannot entertain an appeal that is out of time).

USCA11 Case: 23-11257 Document: 13-1 Date Filed: 05/26/2023 Page: 3 of 3 23-11257 Opinion of the Court 3

All pending motions are denied as moot. No petition for re- hearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.