Darius Morris v. Warden Dooly State Prison

USCA11 Case: 25-13527 Document: 11-1 Date Filed: 05/26/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-13527 Non-Argument Calendar ____________________ DARIUS MORRIS, Petitioner-Appellant, versus WARDEN DOOLY STATE PRISON, Respondent-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:24-cv-05532-LMM ____________________ Before JILL PRYOR, NEWSOM, and GRANT, Circuit Judges.

PER CURIAM: Darius Morris, a state prisoner proceeding pro se, mailed a notice of appeal on September 25, 2025, that designates the district court’s order “entered on September 11, 2025, denying his Motion USCA11 Case: 25-13527 Document: 11-1 Date Filed: 05/26/2026 Page: 2 of 2

2 Opinion of the Court 25-13527 for Relief from Judgment.” Because that notice is not effective to bring up for review any appealable order, we lack jurisdiction over this appeal.

The district court did not enter its order denying Morris’s motion for relief from judgment until October 23, 2025. Because Morris filed his notice of appeal prior to the entry or announce- ment of that order, the notice is not effective to appeal it. See Bogle v. Orange Cnty. Bd. of Cnty. Comm’rs, 162 F.3d 653, 661 (11th Cir. 1998). To any extent that Morris seeks to appeal the September 11, 2025, mandate of this Court dismissing his earlier appeal, we lack jurisdiction over an appeal from that mandate. See 28 U.S.C. § 1291 (providing jurisdiction over “final decisions of the district courts” (emphasis added)); Fed. R. App. P. 40 (providing procedure for seeking rehearing of an appellate decision); 11th Cir. R. 27-2 (providing procedure for seeking reconsideration). Morris’s notice of appeal is not timely to appeal the district court’s judgment en- tered on June 24, 2025, which was the last appealable ruling before Morris filed his notice of appeal. See 28 U.S.C. § 2107(a); Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300-01 (11th Cir. 2010).

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