Tiffany Robin Roberts v. Staff Attorney 4

USCA11 Case: 23-12976 Document: 8-1 Date Filed: 10/18/2023 Page: 1 of 3

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-12976

Non-Argument Calendar ____________________

TIFFANY ROBIN ROBERTS,

Petitioner-Appellant, versus STAFF ATTORNEY 4, SCOTT ANDERSON, D A, GARRICK VICKERY, Prosecutor, BYRON WILLIAMS, Officer, NATE ALLEN, Chief, et al.,

USCA11 Case: 23-12976 Document: 8-1 Date Filed: 10/18/2023 Page: 2 of 3 2 Opinion of the Court 23-12976

Respondents-Appellees.

____________________

Appeal from the United States District Court for the Northern District of Alabama

D.C. Docket No. 5:20-cv-00795-RDP-NAD

____________________

Before WILSON, GRANT, and ABUDU, Circuit Judges PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The statutory time limit required Tiffany Roberts to file a notice of appeal on or before July 10, 2023, which was the first busi- ness day after the 30-day period following the district court’s June 9, 2023, denial of her amended Federal Rule of Civil Procedure 60 motion. 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), 26(a)(1)(C). However, Roberts did not file her notice of appeal until September 1, 2023.

Additionally, there is no basis in the record for relief under Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). 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).

USCA11 Case: 23-12976 Document: 8-1 Date Filed: 10/18/2023 Page: 3 of 3 23-12976 Opinion of the Court 3

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.