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

Amy Henson v. Walker County

Amy Henson v. Walker County
U.S. Court of Appeals for the Eleventh Circuit · Decided October 4, 2023

Amy Henson v. Walker County

Opinion

USCA11 Case: 23-11821 Document: 21-1 Date Filed: 10/04/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-11821 Non-Argument Calendar ____________________ AMY HENSON, Plaintiff-Appellant, versus WALKER COUNTY, LARRY UNDERWOOD, Former Sheriff of Walker County, individually and in his official capacity, SHERIFF, WALKER COUNTY, TRENT MCCLUSKEY, Former Jail Administrator, individually and in his official capacity, JOSHUA DILL, in his official capacity, USCA11 Case: 23-11821 Document: 21-1 Date Filed: 10/04/2023 Page: 2 of 3

2 Opinion of the Court 23-11821 JIM UNDERWOOD, Former Walker County Sheriff,

Defendants-Appellees,

WALKER COUNTY COMMISSION, et al.,

Defendants.

____________________ Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 7:20-cv-00071-LSC ____________________ Before JILL PRYOR, GRANT, and ABUDU, Circuit Judges.

PER CURIAM: The appellees’ motion to dismiss this appeal as untimely is GRANTED. Because the district court entered its final order grant- ing the remaining defendant’s motion for summary judgment in a document apart from a memorandum opinion, the separate docu- ment requirement for judgments was satisfied. See Fed. R. Civ. P. 58(a). Amy Henson was thus required to file a notice of appeal on or before January 13, 2023, which was 30 days following the date judgment was deemed entered on December 14, 2022. See 28 USCA11 Case: 23-11821 Document: 21-1 Date Filed: 10/04/2023 Page: 3 of 3

23-11821 Opinion of the Court 3 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), (7)(A)(ii). However, Henson did not file her notice of appeal until May 30, 2023.

Additionally, Henson did not seek relief from the appeal deadline under Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6), and there is no basis in the record for such relief. 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).

Accordingly, this appeal is DISMISSED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.