Daniel Kesneck v. Department of Corrections

── Daniel Kesneck v. Department of Corrections ── Court: Court of Appeals for the Eleventh Circuit Date: April 14, 2026 Category: NEW USCA11 Case: 26-10148 Document: 10-1 Date Filed: 04/14/2026 Page: 1 of 2 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 26-10148 Non-Argument Calendar ____________________ DANIEL KESNECK, Petitioner-Appellant, versus DEPARTMENT OF CORRECTIONS, Respondent-Appellee. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:23-cv-21944-DSL ____________________ Before JORDAN, ROSENBAUM, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Daniel Kesneck, a pro se Florida state prisoner, appeals the USCA11 Case: 26-10148 Document: 10-1 Date Filed: 04/14/2026 Page: 2 of 2 2 Opinion of the Court 26-10148 district court’s June 27, 2025 order denying his 28 U.S.C. § 2254 pe- tition for writ of habeas corpus. Because the district court did not enter a separate judgment, Kesneck was required to file his notice of appeal on or before December 29, 2025. See Fed. R. Civ. P. 58(a) (requiring a judgment to be set out in a separate document), 58(c) (explaining that when an order requires a separate judgment, but a separate judgment is not entered, judgment is deemed entered 150 days from the entry of the order); Fed. R. App. P. 4(a)(7)(A)(ii) (same); 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A); Fed. R. App. P. 26(a)(1), (3), (6). Kesneck’s notice of appeal, deemed filed under the prison mailbox rule on January 12, 2026, is thus untimely to challenge the June 27, 2025 order and cannot invoke our appellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010); Fed. R. App. P. 4(c).