Lena Marie Lindberg v. Michael Utsler

USCA11 Case: 23-11252 Document: 13-1 Date Filed: 07/14/2023 Page: 1 of 3

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-11252

Non-Argument Calendar ____________________

LENA MARIE LINDBERG,

Plaintiff-Appellant, versus MICHAEL UTSLER, Brevard County Sheriff, MICHAEL BERNARD, Brevard County Sheriff, SHERIFF OF BREVARD COUNTY, KEVINROBERTS, Sargent, Brevard County Sheriff, UNKNOWN #1, Brevard County Sheriff, et al., USCA11 Case: 23-11252 Document: 13-1 Date Filed: 07/14/2023 Page: 2 of 3 2 Opinion of the Court 23-11252

Defendants-Appellees.

____________________

Appeal from the United States District Court for the Middle District of Florida

D.C. Docket No. 6:21-cv-01544-RBD-DCI ____________________

Before JORDAN, ROSENBAUM, and NEWSOM, 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 May 18, 2022, which was 30 days follow- ing the date judgment was deemed entered on the district court’s November 18, 2021 dismissal order. 28 U.S.C. § 2107(a); Fed. R. Civ. P. 58(a); Fed. R. App. P. 4(a)(1)(A), (7)(A), 26(a)(1)(C). How- ever, Lindberg did not file a notice of appeal until April 14, 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: 23-11252 Document: 13-1 Date Filed: 07/14/2023 Page: 3 of 3 23-11252 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.