David McClendon v. Chief Judge, Bibb County State Court

USCA11 Case: 25-10900 Document: 10-1 Date Filed: 05/05/2025 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: 10-1 Date Filed: 05/05/2025 Page: 2 of 3 2 Order of the Court 25-10900

D.C. Docket No. 5:24-cv-00393-MTT ____________________

Before BRANCH, GRANT, and LAGOA, Circuit Judges.

BY THE COURT:

The Court’s April 14, 2025 order is VACATED and replaced with this order.

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

USCA11 Case: 25-10900 Document: 10-1 Date Filed: 05/05/2025 Page: 3 of 3 25-10900 Order of the Court 3 reconsideration may be filed unless it complies with the timing and other requirements of 11th Cir. R. 27-2 and all other applicable rules.