Tiffany Robin Roberts v. Staff Attorney 4, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12976
Non-Argument Calendar
____________________
TIFFANY ROBIN ROBERTS,
Petitioner-Appellant,
versus
STAFF ATTORNEY 4,
SCOTT ANDERSON,
D A,
GARRICK VICKERY,
Prosecutor,
BYRON WILLIAMS,
Officer,
NATE ALLEN,
Chief, et al.,
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2 Opinion of the Court 23-12976
Respondents-Appellees.
____________________
Appeal from the United States District Court
for the Northern District of Alabama
D.C. Docket No. 5:20-cv-00795-RDP-NAD
____________________
Before WILSON, GRANT, and ABUDU, Circuit Judges
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The statutory time limit required Tiffany Roberts to file a
notice of appeal on or before July 10, 2023, which was the first busi-
ness day after the 30-day period following the district court’s June
9, 2023, denial of her amended Federal Rule of Civil Procedure 60
motion. 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), 26(a)(1)(C).
However, Roberts did not file her notice of appeal until September
1, 2023.
Additionally, there is no basis in the record for relief under
Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). 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).
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23-12976 Opinion of the Court 3
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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