U.S. Court of Appeals for the Eleventh Circuit, 2023

Benjamin Lollis v. City of Atlanta

Benjamin Lollis v. City of Atlanta
U.S. Court of Appeals for the Eleventh Circuit · Decided September 7, 2023

Benjamin Lollis v. City of Atlanta

Opinion

USCA11 Case: 23-12525 Document: 5-1 Date Filed: 09/07/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-12525 Non-Argument Calendar ____________________ BENJAMIN D. LOLLIS, Plaintiff-Appellant, versus CITY OF ATLANTA,

Defendant-Appellee.

____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:21-cv-04244-TCB ____________________ USCA11 Case: 23-12525 Document: 5-1 Date Filed: 09/07/2023 Page: 2 of 2

2 Opinion of the Court 23-12525

Before ROSENBAUM, LUCK, and BRASHER, Circuit Judges.

PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Benjamin Lollis, proceeding pro se, appeals the district court’s April 7, 2022, final order and judgment. The statutory time limit required Lollis to file a notice of appeal on or before May 16, 2022, days after the district court denied his motion to reconsider. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(4)(A); Fed. R. Civ. P. 59(e).

However, Lollis did not file his notice of appeal until August 1, 2023.

Additionally, there is no basis for relief under Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6) because Lollis did not move for relief under either Rule until more than a year after the entry of judgment. See Fed. R. App. P. 4(a)(5), (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.

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