Darryl D. McGhee v. Secretary, Florida Department of Corrections

USCA11 Case: 26-10069 Document: 10-1 Date Filed: 03/05/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 26-10069 Non-Argument Calendar ____________________ DARRYL D. MCGHEE, Petitioner-Appellant, versus SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 3:24-cv-00134-LC-ZCB ____________________ Before JORDAN, ROSENBAUM, and NEWSOM, Circuit Judges.

PER CURIAM: Darryl McGhee, a state prisoner proceeding pro se, filed a notice of appeal that we liberally construe as challenging the district court’s judgment dismissing his petition for a writ of habeas USCA11 Case: 26-10069 Document: 10-1 Date Filed: 03/05/2026 Page: 2 of 2

2 Opinion of the Court 26-10069 corpus and its two orders denying relief McGhee sought in post- judgment filings. The district court entered its judgment on April 17, 2025 and its post-judgment orders on June 2 and July 10.

McGhee’s notice of appeal is deemed filed, under the prison mailbox rule, on January 1, 2026. See Fed. R. App. P. 4(c).

Because McGhee’s first post-judgment filing, construed as a motion for reconsideration, tolled the time to appeal the judgment, he had 30 days from entry of the June 2 order, or until July 2, 2025, to appeal the judgment. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A); Fed. R. App. P. 4(a)(4)(A)(iv); Fed. R. Civ. P. 59(e). And he had until July 2 and August 11, 2025, respectively, to appeal the June 2 and July 10 post-judgment orders. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). His notice of appeal, filed on January 1, 2026, is thus untimely as to the judgment and both post-judgment orders and cannot invoke our appellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010).

Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. All pending motions are DENIED as moot.