Amy Henson v. Walker County, et al., No. 23-11821 (11th Cir. 2023)
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USCA11 Case: 23-11821 Document: 21-1 Date Filed: 10/04/2023 Page: 1 of 3 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-11821 Non-Argument Calendar ____________________ AMY HENSON, Plainti -Appellant, versus WALKER COUNTY, LARRY UNDERWOOD, Former Sheri of Walker County, individually and in his o cial capacity, SHERIFF, WALKER COUNTY, TRENT MCCLUSKEY, Former Jail Administrator, individually and in his o cial capacity, JOSHUA DILL, in his o cial capacity, USCA11 Case: 23-11821 2 Document: 21-1 Date Filed: 10/04/2023 Opinion of the Court Page: 2 of 3 23-11821 JIM UNDERWOOD, Former Walker County Sheri , 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 JILL PRYOR, GRANT, 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 granting the remaining defendant’s motion for summary judgment in a document apart from a memorandum opinion, the separate document 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 USCA11 Case: 23-11821 23-11821 Document: 21-1 Date Filed: 10/04/2023 Opinion of the Court Page: 3 of 3 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. Accordingly, the notice of appeal is untimely and cannot invoke our appellate 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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