July 21, 2026·1:22-cv-01883-MHC·Per Curiam·By Maria Santos
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal filed by a pro se litigant because the notice of appeal was filed two days after the statutory deadline. The court held that the untimely filing deprived it of appellate jurisdiction over the district court's order.
Sherri Jefferson, proceeding pro se, appealed from a district court order denying her motions to vacate, to reopen, and for leave to file sur-replies. The district court had issued its order on May seventh, two thousand and twenty-six.
The court’s reasoning
The court determined that the thirty-day statutory time limit required the appellant to file her notice of appeal by June eighth, two thousand and twenty-six. Jefferson filed her notice on June tenth, two thousand and twenty-six, making it untimely under Section twenty-one hundred seven of Title twenty-eight of the United States Code and Federal Rule of Appellate Procedure four. Because the notice was untimely, it could not invoke the appellate court’s jurisdiction.
What it means going forward
The dismissal means the underlying district court order remains in effect, and the appellant’s requests to vacate or reopen the case were not addressed on the merits.
