USCA11 Case: 24-12813 Document: 5-1 Date Filed: 10/04/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-12813 Non-Argument Calendar ____________________

BENJAMIN FRANKLIN, Plaintiff-Appellant, versus THE CITY OF WARNER ROBINS, SERGEANT TIMOTHY T. PIPPIO,

Defendants-Appellees. ____________________

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 5:23-cv-00184-MTT ____________________ USCA11 Case: 24-12813 Document: 5-1 Date Filed: 10/04/2024 Page: 2 of 2

2 Opinion of the Court 24-12813

Before ROSENBAUM, LUCK, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Benjamin Franklin appeals from the district court’s order that entered summary judgment in favor of the defendants as to his fed- eral law claims and dismissed without prejudice his state law claims. We lack jurisdiction over this appeal because Franklin’s no- tice of appeal is untimely. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010). The deadline for filing a no- tice of appeal was August 9, 2024, and Franklin did not file his no- tice of appeal until August 30, 2024. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). Franklin is not entitled to relief under Fed. R. App. P. 4(a)(5) or 4(a)(6) because he did not file a motion to extend or assert that he did not receive timely notice of the final order or judgment. See 28 U.S.C. § 2107(c); Fed. R. App. P. 4(a)(5)(A), 4(a)(6); Sanders v. United States, 113 F.3d 184, 187 (11th Cir. 1997). 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.