David McClendon v. Chief Judge, Bibb County State Court
U.S. Court of Appeals for the Eleventh Circuit
David McClendon v. Chief Judge, Bibb County State Court
Opinion
USCA11 Case: 25-10900 Document: 8 Date Filed: 04/14/2025 Page: 1 of 3
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-10900
____________________
DAVID MCCLENDON,
Plaintiff-Appellant,
versus
CHIEF JUDGE, BIBB COUNTY STATE COURT,
STATE OF GEORGIA,
Civil and Magistrate Courts, Bibb County,
PETTIS,
Sex Offender Registration, Bibb County,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Georgia
USCA11 Case: 25-10900 Document: 8 Date Filed: 04/14/2025 Page: 2 of 3
2 Order of the Court 25-10900
D.C. Docket No. 5:24-cv-00393-MTT
____________________
Before BRANCH and GRANT, Circuit Judges.
BY THE COURT:
This appeal is DISMISSED IN PART, sua sponte, for lack of
jurisdiction because David McClendon’s notice of appeal, filed on
March 19, 2025, is untimely to appeal from the district court’s Jan-
uary 13, 2025 final judgment dismissing the case without prejudice.
See Fed. R. App. P. 4(a)(1)(A); 28 U.S.C. § 2107(a); Green v. Drug Enf’t
Admin., 606 F.3d 1296, 1300 (11th Cir. 2010) (providing that in a
civil case, a timely notice of appeal is a jurisdictional requirement).
McClendon’s motion for reconsideration of that dismissal, filed on
February 11, 2025, was not timely to toll the appeal deadline. See
Fed. R. App. P. 4(a)(4)(A); Browder v. Dir., Dep’t of Corr., 434 U.S.
257, 265-69(1978); Green,606 F.3d at 1299-1302
(providing that an
untimely motion filed pursuant to Fed. R. App. P. 4(a)(4) cannot
toll the appeal period). However, McClendon’s notice of appeal is
timely to appeal from the court’s March 4, 2025 order denying his
motion for reconsideration. See Fed. R. App. P. 4(a)(1)(A); 28
U.S.C. § 2107(a).
Accordingly, McClendon’s appeal is dismissed to the extent
he challenges the January 13, 2025 final judgment and may proceed
only as to his challenge to the March 4, 2025 order. No motion for
reconsideration may be filed unless it complies with the timing and
USCA11 Case: 25-10900 Document: 8 Date Filed: 04/14/2025 Page: 3 of 3
25-10900 Order of the Court 3
other requirements of 11th Cir. R. 27-2 and all other applicable
rules.
Reference
- Status
- Unpublished