USA v. Donell Hatcher, No. 23-13316 (11th Cir. 2023)
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USCA11 Case: 23-13316 Document: 12-1 Date Filed: 11/30/2023 Page: 1 of 3 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-13316 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plainti -Appellee, versus DONELL HATCHER, a.k.a. Big Al, a.k.a. Daryl Richardson, a.k.a. Darryl Wayne Richardson, a.k.a. Alan Richardson, a.k.a. A Richardson, a.k.a. Al, Defendant-Appellant. USCA11 Case: 23-13316 2 Document: 12-1 Date Filed: 11/30/2023 Opinion of the Court Page: 2 of 3 23-13316 ____________________ Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 2:07-cr-00144-KOB-JHE-1 ____________________ Before JORDAN, JILL PRYOR, and LUCK, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdiction. Donell Hatcher appeals from both the district court’s July 22, 2021, order denying a writ of error coram nobis and its April 19, 2023, order denying reconsideration of the July 22, 2021, order. Because Hatcher’s motion for reconsideration was not timely to toll the time to appeal the July 22, 2021, order, the 60-day statutory time limit required him to file a notice of appeal from that order on or before September 20, 2021. See 28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1)(B), 4(a)(1)(C), 4(a)(4)(A). Similarly, the 60-day statutory time limit required Hatcher to file a notice of appeal from the district court’s April 19, 2023, order on or before June 20, 2023. See 28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1)(B), 26(a)(1)(C). However, Hatcher did not file a notice of appeal until October 6, 2023, past both deadlines. Accordingly, the notice of appeal is untimely and cannot invoke our appellate jurisdiction. See Hamer v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017). USCA11 Case: 23-13316 23-13316 Document: 12-1 Date Filed: 11/30/2023 Opinion of the Court Page: 3 of 3 3 All pending motions are DENIED as moot. 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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