Glenmore Poole v. Secretary, Florida Department of Corrections

USCA11 Case: 23-11976 Document: 8-1 Date Filed: 08/04/2023 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-11976

Non-Argument Calendar ____________________

GLENMORE POOLE,

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. 8:20-cv-01983-KKM-AEP

USCA11 Case: 23-11976 Document: 8-1 Date Filed: 08/04/2023 Page: 2 of 2 2 Opinion of the Court 23-11976

____________________

Before JORDAN, NEWSOM, and GRANT, Circuit Judges.

PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Although Glenmore Poole’s motion for reconsideration was timely to toll the time to appeal from the district court’s March 31, 2023 final judgment until its resolution, the district court denied the motion on May 9, 2023. Thus, the 30-day statutory time limit required Poole to file a notice of appeal on or before June 8, 2023. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, he did not file a notice of appeal until June 9, 2023, which is the date he provided the notice to prison officials for mailing. See Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014). Further, there is no basis in the record for relief under Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). Accordingly, the notice of appeal can- not invoke our appellate jurisdiction. See Hamer v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017); Green v. Drug Enf’t Ad- min., 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.