Otis Blaxton v. State of Florida

USCA11 Case: 23-11952 Document: 19-1 Date Filed: 07/27/2023 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-11952

Non-Argument Calendar ____________________

OTIS BLAXTON,

Plaintiff-Appellant, versus STATE OF FLORIDA,

Defendant-Appellee. ____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:21-cv-02550-CEH-MRM

____________________

USCA11 Case: 23-11952 Document: 19-1 Date Filed: 07/27/2023 Page: 2 of 2 2 Opinion of the Court 23-11952 Before JILL PRYOR, NEWSOM, and GRANT, Circuit Judges.

PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdiction because Otis Blaxton’s notice of appeal, filed on June 9, 2023, was untimely to appeal from the district court’s November 14, 2022 or- der dismissing his complaint and the May 7, 2023 order denying his motion requesting a new trial or amended judgment under Fed. R. Civ. P. 59. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010); Fed. R. App. P. 4(a)(1)(A); Fed. R. App. P. 4(a)(4)(A).

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.