Amy Henson v. Walker County, et al.

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11821
Non-Argument Calendar
____________________
AMY HENSON,
Plaintiff-Appellant,
versus
WALKER COUNTY,
LARRY UNDERWOOD,
Former Sheriff of Walker County,
individually and in his official capacity,
SHERIFF, WALKER COUNTY,
TRENT MCCLUSKEY,
Former Jail Administrator,
individually and in his official capacity,
JOSHUA DILL,
in his official capacity,
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2 Opinion of the Court 23-11821
JIM UNDERWOOD,
Former Walker County Sheriff,
Defendants-Appellees,
WALKER COUNTY COMMISSION, et al.,
Defendants.
____________________
Appeal from the United States District Court
for the Northern District of Alabama
D.C. Docket No. 7:20-cv-00071-LSC
____________________
Before J ILL PRYOR, G RANT , and ABUDU, Circuit Judges.
PER CURIAM:
The appellees’ motion to dismiss this appeal as untimely is
GRANTED. Because the district court entered its final order grant-
ing the remaining defendant’s motion for summary judgment in a
document apart from a memorandum opinion, the separate docu-
ment requirement for judgments was satisfied. See Fed. R. Civ. P.
58(a). Amy Henson was thus required to file a notice of appeal on
or before January 13, 2023, which was 30 days following the date
judgment was deemed entered on December 14, 2022. See 28
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23-11821 Opinion of the Court 3
U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), (7)(A)(ii). However,
Henson did not file her notice of appeal until May 30, 2023.
Additionally, Henson did not seek relief from the appeal
deadline under Federal Rules of Appellate Procedure 4(a)(5) or
4(a)(6), and there is no basis in the record for such relief. Accord-
ingly, the notice of appeal is untimely and cannot invoke our ap-
pellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d 1296,
1300 (11th Cir. 2010) (noting that the timely filing of a notice of
appeal in a civil case is a jurisdictional requirement, and we cannot
entertain an appeal that is out of time).
Accordingly, this appeal is DISMISSED.
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