Scott Hicks v. Secretary, Florida Department of Corrections
Scott Hicks v. Secretary, Florida Department of Corrections
Opinion
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[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-10488 Non-Argument Calendar ____________________ SCOTT HICKS,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.
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