USCA11 Case: 24-10098 Document: 12-1 Date Filed: 02/26/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-10098 Non-Argument Calendar ____________________

In Re: BARBARA ALBYTINE GIBBS, Debtor. ______________________________________________ M. EUGENE GIBBS, Plaintiff-Appellant, versus BARBARA ALBYTINE GIBBS, NATIONSTAR MORTGAGE LLC, d.b.a. Mr. Cooper, BANK OF AMERICA, USCA11 Case: 24-10098 Document: 12-1 Date Filed: 02/26/2024 Page: 2 of 3

2 Opinion of the Court 24-10098

Defendants-Appellees.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-01898-MHC, Bkcy No. 1:19-bk-54809-WLH ____________________

Before JORDAN, NEWSOM, and GRANT, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. M. Eugene Gibbs, proceeding pro se, filed a counterclaim in the United States Bankruptcy Court for the Northern District of Georgia as an interested party to his wife’s Chapter 13 bankruptcy proceedings. Gibbs appealed two bankruptcy court orders to the district court, which entered a final order and judgment dismissing Gibbs’s district court appeal on August 7, 2023. Gibbs filed two postjudgment motions, which the district court denied in orders entered September 8, 2023, and September 15, 2023. Gibbs filed a notice of appeal from the district court’s August 7, 2023, final order and judgment and September 8, 2023, and September 15, 2023, or- ders denying his postjudgment motions. Gibbs’s notice of appeal was untimely to appeal from the district court’s August 7, 2023, final order and judgment and Sep- tember 8, 2023, and September 15, 2023, orders. The deadline to USCA11 Case: 24-10098 Document: 12-1 Date Filed: 02/26/2024 Page: 3 of 3

24-10098 Opinion of the Court 3

appeal from the first two orders, and the judgment, was October 10, 2023, because Gibbs’s first postjudgment motion tolled the time to appeal, while the deadline to appeal from the third order was October 16, 2023. See Fed. R. App. P. 6(a); see also Fed. R. App. P. 4(a)(1)(A); Fed. R. App. P. 6(b)(2)(A); Fed. R. Bankr. P. 8022; Fed. R. App. P. 26(a)(1)(C). However, Gibbs did not file his notice of appeal until January 8, 2024. Thus, Gibbs’s appeal cannot invoke our appellate jurisdiction as to any of the orders. See In re Porto, 645 F.3d 1294, 1301 (11th Cir. 2011). 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.