John Schoolcraft v. Warden, Georgia State Prison
John Schoolcraft v. Warden, Georgia State Prison
Opinion
USCA11 Case: 24-12342 Document: 9-1 Date Filed: 09/06/2024 Page: 1 of 2
[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-12342 Non-Argument Calendar ____________________ JOHN THOMAS SCHOOLCRAFT, Petitioner-Appellant, versus WARDEN, G.S.P.,
Respondent-Appellee.
____________________ Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 2:19-cv-00087-LGW-BWC ____________________ USCA11 Case: 24-12342 Document: 9-1 Date Filed: 09/06/2024 Page: 2 of 2
2 Opinion of the Court 24-12342
Before LAGOA, BRASHER, and ABUDU, Circuit Judges.
PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdiction because John Schoolcraft’s notice of appeal is untimely to challenge the district court’s June 3, 2024 order denying his motion for relief from the final judgment. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010). Even if Schoolcraft’s notice of appeal is deemed filed on July 12, 2024 under the prison mailbox rule, the notice is untimely because the deadline to appeal the district court’s June 3, 2024 order was July 3, 2024. See Fed. R. App. P. 4(a)(1)(A); 28 U.S.C. § 2107(a); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014) (noting that a pro se prisoner’s notice of appeal is deemed filed on the date he delivers it to prison authorities for mailing, but if that date is unknown and there is not contrary evidence, the no- tice is deemed filed on the date he signed it). Furthermore, there is no basis in the record for relief under Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). See 28 U.S.C. § 2107(c); Fed. R. App. P. 4(a)(5), (6).
All pending motions are DENIED as moot. 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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