Moussa U'nra Diarra v. DeKalb County Police Department

U.S. Court of Appeals for the Eleventh Circuit

Moussa U'nra Diarra v. DeKalb County Police Department

Opinion

USCA11 Case: 24-13116 Document: 6-1 Date Filed: 10/30/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-13116 Non-Argument Calendar ____________________

MOUSSA U'NRA DIARRA, Plaintiff-Appellant, versus DEKALB COUNTY POLICE DEPARTMENT, STATE OF GEORGIA,

Defendants-Appellees.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:21-cv-02388-WMR-LTW USCA11 Case: 24-13116 Document: 6-1 Date Filed: 10/30/2024 Page: 2 of 2

2 Opinion of the Court 24-13116

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Before WILSON, JILL PRYOR, and BRANCH, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Moussa Diarra was required to file a notice of appeal from the district court’s August 10, 2021, order and judgment dismissing his complaint on or before September 9, 2021. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, his notice of appeal was filed more than three years after that deadline, in September 2024, even if the prison mailbox rule applies. See Fed. R. App. P. 4(c). Accordingly, the notice of appeal is untimely and cannot in- voke 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.

Reference

Status
Unpublished