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