U.S. Court of Appeals for the Eleventh Circuit, 2025

Tamika Seay v. Lisa James

Tamika Seay v. Lisa James
U.S. Court of Appeals for the Eleventh Circuit · Decided January 3, 2025

Tamika Seay v. Lisa James

Opinion

USCA11 Case: 24-12720 Document: 11-1 Date Filed: 01/03/2025 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-12720 Non-Argument Calendar ____________________ TAMIKA SEAY, Plaintiff-Appellant, versus LISA JAMES, ANTRESA LUMPKIN-KNIGHTEN,

Defendants-Appellees. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-05232-LMM ____________________ USCA11 Case: 24-12720 Document: 11-1 Date Filed: 01/03/2025 Page: 2 of 3

2 Opinion of the Court 24-12720

Before JILL PRYOR, NEWSOM, and LAGOA, Circuit Judges.

PER CURIAM: Tamika Seay appeals from the district court’s May 28, 2024, order denying two of her postjudgment motions. In the same or- der, the district court imposed filing sanctions on Seay, instructing the clerk not to docket any further submissions from her other than a notice of appeal. We issued a jurisdictional question as to whether Seay’s August 19, 2024, notice of appeal is timely, and, specifically, whether her June 7, 2024, Fed. R. Civ. P. 60 motion effectively tolled the appeal period.

Although the parties did not respond, we conclude that we lack jurisdiction over this appeal. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010). Because the 30-day period for filing a notice of appeal ended on June 27, 2024, we conclude that Seay’s August 19, 2024, notice of appeal is untimely. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). Moreover, if the June 7 filing could be liberally construed as a Fed. R. App. P. 4(a)(4) tolling mo- tion, that would still not render Seay’s notice of appeal timely be- cause the district court effectively disposed of that filing on the day that Seay filed it based on the filing restrictions imposed in the May order. We thus conclude that, even if the June 7 filing effectively tolled the appeal period, Seay had until July 8, 2024, to file a notice of appeal. As such, her August 19 notice is also untimely. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), (a)(4)(A).

USCA11 Case: 24-12720 Document: 11-1 Date Filed: 01/03/2025 Page: 3 of 3

24-12720 Opinion of the Court 3 Accordingly, we DISMISS this appeal for lack of jurisdiction.

All pending motions are DENIED AS MOOT.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.