Lomax v. Miami Police Department

Case: 23-1504 Document: 7 Page: 1 Filed: 05/18/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ MATTIE LOMAX, Plaintiff-Appellant v. MIAMI POLICE DEPARTMENT, JOHNNIE BERNELL MATHIS, Defendants-Appellees ______________________ 2023-1504 ______________________ Appeal from the United States District Court for the Southern District of Florida in No. 1:12-cv-23836-JAL, Judge Joan A. Lenard. ______________________ PER CURIAM. ORDER Having considered Mattie Lomax’s response to this court’s March 23, 2023, order to show cause, we dismiss. “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement,” Bowles v. Russell, 551 U.S. 205, 214 (2007), and, in order to be timely, a notice of ap- peal must generally be filed within 30 days after entry of final judgment, 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). Here, Ms. Lomax filed her notice of appeal nearly 10 years after the district court’s entry of final Case: 23-1504 Document: 7 Page: 2 Filed: 05/18/2023 2 LOMAX v. MIAMI POLICE DEPARTMENT judgment in this case. At least because of this untimeli- ness, we lack jurisdiction over the appeal, and we cannot transfer under 28 U.S.C. § 1631 because the appeal would not be timely in any other court of appeals. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each party shall bear its own costs. FOR THE COURT May 18, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court