Fabian Woods, Jr. v. State of Georgia
Fabian Woods, Jr. v. State of Georgia
Opinion
USCA11 Case: 24-13568 Document: 4-1 Date Filed: 12/31/2024 Page: 1 of 2
[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit
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No. 24-13568 Non-Argument Calendar ____________________
FABIAN WOODS, JR., Plaintiff-Appellant, versus GEORGIA,
Defendant,
STATE OF GEORGIA,
Defendant-Appellee. USCA11 Case: 24-13568 Document: 4-1 Date Filed: 12/31/2024 Page: 2 of 2
2 Opinion of the Court 24-13568
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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:24-cv-02647-MHC ____________________
Before ROSENBAUM, BRANCH, and LAGOA, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Fabian D. Woods, Jr., was required to file a notice of appeal from the district court’s August 28, 2024, order and judgment dis- missing his complaint by September 27, 2024. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, his notice of appeal was not deemed filed until October 16, 2024. See Fed. R. App. P. 4(c)(1); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014) (explaining that, under the prison mailbox rule, if the date on which a prisoner delivered his notice of appeal to prison authorities for mailing is not known, and absent contrary evidence, we assume that the prisoner delivered his notice to the authorities on the date he signed it). Accordingly, Woods’s 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.
Reference
- Status
- Unpublished