Kenneth Jamal Sherman v. N.P. Spitzer

── Kenneth Jamal Sherman v. N.P. Spitzer ── Court: Court of Appeals for the Eleventh Circuit Date: April 13, 2026 Category: NEW USCA11 Case: 26-10273 Document: 8-1 Date Filed: 04/13/2026 Page: 1 of 2 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 26-10273 Non-Argument Calendar ____________________ KENNETH JAMAL SHERMAN, Plaintiff-Appellant, versus SPITZER, Individual and Official Capacity as Sergeant, et al., Defendants, N. P. SPITZER, Sergeant, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 3:23-cv-00892-WWB-MCR ____________________ Before LAGOA, ABUDU, and KIDD, Circuit Judges. USCA11 Case: 26-10273 Document: 8-1 Date Filed: 04/13/2026 Page: 2 of 2 2 Opinion of the Court 26-10273 PER CURIAM: Kenneth Jamal Sherman, a state prisoner proceeding pro se, filed a notice of appeal that we liberally construe as challenging the district court’s judgment dismissing his case. The district court entered its judgment on March 3, 2025. Sherman’s notice of appeal did not include the date that he delivered it to prison authorities for mailing, but we know the earliest date he could have delivered it. See Fed. R. App. P. 4(c). The notice of appeal listed the appeal number for a previous appeal Sherman filed—25-13393. Sherman could not have known that appeal number before October 1, 2025, which is the date the parties were notified of the appeal number. Accordingly, we construe Sherman’s notice of appeal as filed, at its earliest, on October 1. Sherman had until April 2, 2025 to appeal the March 3 judgment. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). His notice of appeal, filed at its earliest on October 1, 2025, is thus untimely and cannot invoke our appellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010). Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction.