Scott Hicks v. Secretary, Florida Department of Corrections

USCA11 Case: 25-10488 Document: 10-1 Date Filed: 04/02/2025 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 25-10488

Non-Argument Calendar ____________________

SCOTT HICKS,

Plaintiff-Appellant, versus SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,

Defendant-Appellee. ____________________

Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 5:24-cv-00068-MW-MAF

____________________ USCA11 Case: 25-10488 Document: 10-1 Date Filed: 04/02/2025 Page: 2 of 2 2 Opinion of the Court 25-10488 Before JORDAN, LUCK, and ABUDU, Circuit Judges.

PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The 30-day statutory time limit required Scott Hicks, a state prisoner proceeding pro se, to file a notice of appeal from the district court’s January 7, 2025 final order and judgment on or before Feb- ruary 6, 2025. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), 26(a)(1). Hicks’s notice of appeal, however, was not deemed filed, under the prison mailbox rule, until February 10, 2025. See Fed. R. App. P. 4(c)(1); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014). Accordingly, the notice of appeal is untimely and cannot invoke our appellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010).

All pending motions are DENIED as moot. 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.