Marvin Palmer v. Pinellas County Circuit Court
Marvin Palmer v. Pinellas County Circuit Court
Opinion
USCA11 Case: 24-12429 Document: 8-1 Date Filed: 08/29/2024 Page: 1 of 3
[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-12429 Non-Argument Calendar ____________________ MARVIN PALMER, In the Name of Eternal Lord Scientific Allah, Honorable, Plaintiff-Appellant, versus PINELLAS COUNTY CIRCUIT COURT, Florida, Misdemeanor Division, PINELLAS COUNTY JUSTICE CENTER,
Defendants-Appellees.
____________________ USCA11 Case: 24-12429 Document: 8-1 Date Filed: 08/29/2024 Page: 2 of 3
2 Opinion of the Court 24-12429 Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:24-cv-00985-KKM-AAS ____________________ Before JILL PRYOR, NEWSOM, and LUCK, Circuit Judges.
PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Marvin Palmer, proceeding pro se, does not specify in his no- tice of appeal a decision by the district court that he seeks to appeal.
We liberally construe his notice as appealing from the district court’s final judgment, which dismissed Palmer’s complaint, be- cause the notice was filed after that judgment was entered and dis- cusses matters raised in the complaint. See Campbell v. Air Jam. Ltd., 760 F.3d 1165, 1168 (11th Cir. 2014) (providing that pro se filings are held to a less stringent standard than formal filings drafted by law- yers and are liberally construed).
The 30-day statutory time limit required Palmer to file a no- tice of appeal from the district court’s May 10, 2024 final judgment on or before June 10, 2024. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, Palmer did not file his notice of appeal until July 29, 2024. Further, there is no basis in the record for relief under Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). 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).
USCA11 Case: 24-12429 Document: 8-1 Date Filed: 08/29/2024 Page: 3 of 3
24-12429 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.
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