Prince Toburas Jermaine Rolle v. USA

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12557
Non-Argument Calendar
____________________
PRINCE TOBURAS JERMAINE ROLLE,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket Nos. 6:21-cv-00473-GAP-RMN,
6:09-cr-103-GAP-GJK-1
USCA11 Case: 23-12557 Document: 13-1 Date Filed: 09/20/2023 Page: 1 of 2

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2 Opinion of the Court 23-12557
____________________
Before J ORDAN , N EWSOM, and B RANCH, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Prince Rolle appeals the district court’s May 4, 2023, judg-
ment denying his counseled 28 U.S.C § 2255 motion. Despite being
represented by counsel, Rolle filed the notice of appeal pro se, and
he signed and dated it July 21, 2023. The statutory time limit re-
quired him to file the notice on or before July 3, 2023, 60 days after
the district court’s judgment was entered. See 28 U.S.C. § 2107(b);
Fed. R. App. P. 4(a)(1)(B). The notice of appeal, deemed filed on
July 21, 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).
Additionally, Rolle is not entitled to relief under Rule Fed-
eral Rule of Appellate Procedure 4(a)(6). Although Rolle alleges
that he did not personally receive notice of the court’s judgment,
the clerk was required to serve notice on his attorney, and there is
no indication that his counsel did not receive notice. See Fed. R.
App. P. 4(a)(6); 28 U.S.C. § 2107(c); Fed. R. Civ. P. 77(d), 5(b).
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.
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