W. A. Griffin v. Blue Cross Blue Shield Healthcare Plan of Georgia, Inc.

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11414
Non-Argument Calendar
____________________
W. A. GRIFFIN, MD,
Plaintiff-Appellant,
versus
BLUE CROSS BLUE SHIELD HEALTHCARE PLAN OF
GEORGIA, INC.,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:22-cv-01341-SEG
USCA11 Case: 23-11414 Document: 10-1 Date Filed: 05/30/2023 Page: 1 of 2

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2 Opinion of the Court 23-11414
____________________
Before B RANCH, L UCK , and L AGOA , Circuit Judges.
PER CURIAM:
The “amended notice of appeal” filed in this action on April
24, 2023, by itself, is untimely to challenge the district court’s
March 22, 2023 final order and judgment. See 28 U.S.C. § 2107(a);
Fed. R. App. P. 4(a)(1)(A). However, the notice of appeal filed on
April 20, 2023 in case no. 1:22-cv-85 appears to have been mistak-
enly filed in that case and is both timely and evinces an intent to
challenge the final order of dismissal in this case. Accordingly, we
construe the April 20, 2023 notice of appeal as challenging the
March 22, 2023 final order and judgment. See Becker v. Montgomery,
532 U.S. 757, 767 (2001); KH Outdoor, LLC v. City of Trussville, 465
F.3d 1256, 1260 (11th Cir. 2006).
The district court is DIRECTED to docket the April 20, 2023
notice of appeal in the instant case and transmit it to this Court for
further proceedings. Once received by this Court, the Clerk is
DIRECTED to docket the April 20, 2023 notice of appeal in the in-
stant appeal.
USCA11 Case: 23-11414 Document: 10-1 Date Filed: 05/30/2023 Page: 2 of 2

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