Benjamin D. Lollis v. City of Atlanta

USCA11 Case: 23-12526 Document: 5-1 Date Filed: 10/16/2023 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-12526

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. 1:19-cv-03768-TCB

____________________ USCA11 Case: 23-12526 Document: 5-1 Date Filed: 10/16/2023 Page: 2 of 2 2 Opinion of the Court 23-12526 Before JILL PRYOR, GRANT, and ABUDU, 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 October 1, 2019, final order and judgment. The statutory time limit required Lollis to file a notice of appeal on or before Novem- ber 6, 2019, 30 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 almost four years 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.