Virgil R. Smith v. Mike Harper, Lee Macon, Sheriff of Elmore County
March 31, 2026·2:25-cv-00129-ECM-KFP·Per Curiam·By James Taylor
The United States Court of Appeals for the Eleventh Circuit dismissed this appeal sua sponte due to a lack of jurisdiction. The court found that the appellant failed to file a notice of appeal within the required thirty-day statutory window.
Background
Virgil R. Smith, proceeding pro se, sought to appeal a final order and judgment entered by the United States District Court for the Middle District of Alabama on November 19, 2025. The district court case was docketed as number two twenty-five civil zero zero one two nine.
The court’s reasoning
The court determined that the thirty-day statutory time limit required Virgil Smith to file a notice of appeal on or before December 19, 2025. Smith instead filed his notice of appeal on March 4, 2026. Because the filing was untimely, it could not invoke the appellate court’s jurisdiction.
What it means going forward
The dismissal prevents the Eleventh Circuit from reviewing the merits of the underlying district court decision due to the procedural failure to meet the filing deadline.
