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23-11413•Barry Lynn Gibson v. Dooly SP Warden
23-11413Court of Appeals for the Eleventh CircuitAug 11, 2023
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11413
Non-Argument Calendar
____________________
BARRY LYNN GIBSON,
Petitioner-Appellant,
versus
DOOLY SP WARDEN,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:22-cv-01120-SCJ
____________________
USCA11 Case: 23-11413 Document: 7-1 Date Filed: 08/11/2023 Page: 1 of 2
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2 Opinion of the Court 23-11413
Before: J ILL PRYOR , GRANT , and BRASHER , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Barry Lynn Gibson, a state prisoner proceeding pro se, appeals
the district court’s February 3, 2023, final order and judgment. To
timely seek review of the final judgment, Gibson needed to file a
notice of appeal by March 6, 2023. See 28 U.S.C. § 2107(a); Fed. R.
App. P. 4(a)(1)(A), 26(a)(1)(C). The notice of appeal, deemed filed
on April 19, 2023, is therefore untimely, and we lack jurisdiction.
See Fed. R. App. P. 4(c)(1); Jeffries v. United States, 748 F.3d 1310,
1314 (11th Cir. 2014); Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300
(11th Cir. 2010).
All pending motions are DENIED as moot. No petition for
rehearing may be filed unless it complies with the timing and other
requirements of 11th Cir. R. 40-3 and all other applicable rules.
USCA11 Case: 23-11413 Document: 7-1 Date Filed: 08/11/2023 Page: 2 of 2
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