USCA11 Case: 23-14010 Document: 16-1 Date Filed: 01/23/2024 Page: 1 of 3
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-14010
Non-Argument Calendar
____________________
MICHAEL DEWAYNE ARRINGTON,
Plaintiff-Appellant,
versus
MIAMI DADE COUNTY PUBLIC SCHOOL DISTRICT,
ALBERTO CARVALHO,
individually and in his official capacity as
Superintendent and/or Director of Miami-Dade
County Public Schools District,
GEORGE T. BAKER AVIATION SCHOOL,
SEAN GALLAGAN,
individually and in his official capacity as
Principal of George T. Baker Aviation School,
GEORGE W. SANDS,
USCA11 Case: 23-14010 Document: 16-1 Date Filed: 01/23/2024 Page: 2 of 3
2 Opinion of the Court 23-14010
individually and in his official capacity as
Assistant Principal, George T. Baker
Aviation School, et al,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:15-cv-24114-JEM
____________________
Before BRANCH, GRANT, and LAGOA, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The 30-day statutory time limit required Michael Arrington
to file a notice of appeal from the district court’s order entered on
November 1, 2023 by December 1, 2023. See 28 U.S.C. § 2107(a);
Fed. R. App. P. 4(a)(1)(A). However, Arrington did not file his no-
tice of appeal until December 4, 2023.
Further, there is no basis in the record for relief under Fed-
eral Rules of Appellate procedure 4(a)(5) or 4(a)(6) because Arring-
ton did not move to extend or reopen the appeal period or indicate
in his notice of appeal that he failed to receive formal notice of the
entry of the order. See Fed. R. App. P. 4(a)(5) (providing that a party
USCA11 Case: 23-14010 Document: 16-1 Date Filed: 01/23/2024 Page: 3 of 3
23-14010 Opinion of the Court 3
may move to extend the time for filing a notice of appeal within 30
days of entry of final judgment); Fed. R. App. P. 4(a)(6)(A) (provid-
ing that the court may reopen the time to file an appeal for a period
of 14 days where a party does not receive notice of the entry of the
order). 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).
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.