USCA11 Case: 24-13230 Document: 18-1 Date Filed: 12/05/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-13230 Non-Argument Calendar ____________________

STEVEN DOUGLAS SHERMAN, Plaintiff-Appellant, versus A BURLESON, et al., Officer,

Defendants,

CASTRO, lpn, B BOTTOMS, hsa, E HERNANDEZ-PEREZ, USCA11 Case: 24-13230 Document: 18-1 Date Filed: 12/05/2024 Page: 2 of 3

2 Opinion of the Court 24-13230

Dr, PYBUS, lpn, AMY SCOTT, hsa,

Defendants-Appellees.

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Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 3:21-cv-00537-MCR-ZCB ____________________

Before ROSENBAUM, BRANCH, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Steven Douglas Sherman, proceeding pro se, appeals from the district court’s order entering summary judgment for six defend- ants in his 42 U.S.C. § 1983 suit, which merged into its final order and judgment dismissing his remaining claims. See Mickles on behalf of herself v. Country Club Inc., 887 F.3d 1270, 1278 (11th Cir. 2018) (“Since only a final judgment . . . is appealable, the appeal from a final judgment draws in question all prior non-final orders . . . which produced the judgment.” (quotation marks omitted, altera- tions accepted)); Fed. R. App. P. 3(c)(7) (“An appeal must not be USCA11 Case: 24-13230 Document: 18-1 Date Filed: 12/05/2024 Page: 3 of 3

24-13230 Opinion of the Court 3

dismissed . . . for failure to properly designate the judgment if the notice of appeal was filed after entry of the judgment and desig- nates an order that merged into that judgment.”). Sherman was required to file a notice of appeal from the dis- trict court’s August 7, 2024, judgment by September 6, 2024. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, his notice of appeal was not filed until October 2, 2024. See Haney v. Mizell Mem’l Hosp., 744 F.2d 1467, 1472 (11th Cir. 1984). Accordingly, the notice is 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.