Moussa Diarra v. Department of Motor Vehicles

U.S. Court of Appeals for the Eleventh Circuit

Moussa Diarra v. Department of Motor Vehicles

Opinion

USCA11 Case: 24-13115 Document: 9-1 Date Filed: 11/12/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-13115 Non-Argument Calendar ____________________

MOUSSA U'NRA DIARRA, Plaintiff-Appellant, versus DEPARTMENT OF MOTOR VEHICLES,

Defendant-Appellee.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:21-cv-02389-WMR-LTW ____________________ USCA11 Case: 24-13115 Document: 9-1 Date Filed: 11/12/2024 Page: 2 of 2

2 Opinion of the Court 24-13115

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 October 13, 2021, judgment dismissing his com- plaint and April 22, 2024, order denying his Rule 60 motion by No- vember 12, 2021, and May 22, 2024, respectively. See U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), (a)(4)(A)(vi), (a)(7)(A); Fed. R. Civ. P. 58(a), 59(e). However, his notices of appeal were filed after that deadline, in September 2024, even if the prison mailbox rule applies. See Fed. R. App. P. 4(c). Accordingly, the notices of appeal are untimely and cannot invoke 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Unpublished