Gregory Grimes v. Warden, Calhoun State Prison

USCA11 Case: 26-11950 Document: 13-1 Date Filed: 09/09/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 26-11950 Non-Argument Calendar ____________________ GREGORY GRIMES, Petitioner-Appellant, versus WARDEN, CALHOUN STATE PRISON, Respondent-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:15-cv-01757-TWT ____________________ Before JORDAN, GRANT, and KIDD, Circuit Judges.

PER CURIAM: Gregory Grimes, a state prisoner proceeding pro se, filed a motion for a certificate of appealability that we liberally construe as a notice of appeal from the district court’s October 6, 2015 USCA11 Case: 26-11950 Document: 13-1 Date Filed: 09/09/2026 Page: 2 of 2

2 Opinion of the Court 26-11950 judgment dismissing his habeas action. See Thames v. Dugger, 848 F.2d 149, 150 (11th Cir. 1988) (explaining that a motion for a certificate of appealability may be construed as a notice of appeal).

Grimes’s notice of appeal is deemed filed, under the prison mailbox rule, on May 21, 2026. See Fed. R. App. P. 4(c).

Grimes had until November 5, 2015 to appeal the district court’s judgment. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). His notice of appeal, filed on May 21, 2026, is thus untimely 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.