RICHARD KANANEN
v.
SECRETARY, DEPARTMENT OF CORRECTIONS

11th Cir. | 2025-10-28
No. 25-11260
606 F. 3d 1296 2025 FFL 27708 Court of Appeals for the Eleventh Circuit (2025) Positive Treatment
Cited by 9 cases

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Holding

The court held that the notice of appeal was untimely for the initial judgment but timely for the denial of the Rule 60(b) motion, thus dismissing part of the appeal sua sponte.

Headnotes

[1] A timely notice of appeal is a jurisdictional requirement in a civil case.

[2] A pro se prisoner's notice of appeal is deemed filed on the date that he delivered it to prison authorities for mailing.

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Facts & Procedural History

Petitioner appealed a district court judgment dismissing his habeas corpus petition and a subsequent order denying his Rule 60(b) motion. The notice o…

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Topics
Prison Mailbox Rule Jurisdictional Requirement Tolling Of Appeal Time Timeliness Of Notice Of Appeal

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Opinion of the Court

BY THE COURT:

This appeal is DISMISSED in part, sua sponte, for lack of jurisdiction. Richard Kananen, proceeding pro se, appeals from the district court's: December 6, 2022 judgment dismissing his amended 28 U.S.C. § 2254 petition for writ of habeas corpus; and March 21, 2025 order denying his Fed. R. Civ. P. 60(b) motion.

Kananen's notice of appeal, deemed filed under the prison mailbox rule on April 9, 2025, is untimely to challenge the December 6, 2022 judgment. See Green v. Drug Enf't Admin., 606 F. 3d 1296, 1300-02 (11th Cir. 2010) (holding that a timely notice of appeal is a jurisdictional requirement in a civil case); Fed. R. App. P. 4(a)(1)(A) (providing that a notice of appeal must be filed within 30 days after the judgment or order appealed from is entered if there is not a federal party), 4(c)(1) (providing that a pro se prisoner's notice of appeal is deemed filed on the date that he delivered it to prison authorities for mailing). Additionally, his Fed. R. Civ. P. 60(b) motion, deemed filed under the prison mailbox rule on March 10, 2025, did not toll the time to appeal from the judgment. See Browder v. Dir., Dep't of Corr. of Ill., 434 U.S. 257, 263 n.7 (1978) (holding that an appeal from the denial of an untimely motion for reconsideration does not bring up for review the underlying judgment); Fed. R. App. P. 4(a)(4)(A), 4(c)(1).

Kananen's notice of appeal, however, is timely to challenge the district court's March 21, 2025 order denying his Fed. R. Civ. P. 60(b) motion. This appeal shall proceed only as to that order.

No motion for reconsideration may be filed unless it complies with the timing and other requirements of 11th Cir. R. 27-2 and all other applicable rules.

Footnotes
2 Order of the Court 25-11260

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Citator

Cited By

  • Ruiz v. Officer Jennifer Wing, 991 F.3d 1130 (11th Cir. 2021)
    …tions enumerated in Rule 4(a)(4), including a motion “for a new trial under [Federal Rule of Civil Procedure] 59." Fed. R. App. P. 4(a)(4)(v). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement." Green v. DEA, 606 F.3d 1296, 1300 (11th Cir. 2010) (alteration in original) (quoting Bowles v. Russell, 551 U.S. 205, 214 (2007)). Therefore, when an appellant fails to file a notice of appeal within thirty days "after entry of the judgment or order appealed from," or within t…
  • Ga. Advocacy Off. v. Jackson, 4 F.4th 1200 (11th Cir. 2021)
    …Federal Rule of Civil Procedure 59(e). The Court's September 23 addendum order disposed of the motion, and Defendants therefore had 30 days from the date of the addendum order to appeal. See Fed. R. App. Pro. 4(a)(4)(A); Green v. Drug Enf't Admin., 606 F.3d 1296, 1299–1301 (11th Cir. 2010); United States v. Ibarra, 502 U.S. 1, 6–7, 112 S. Ct. 4, 6–7 (1991). 6 USCA11 Case: 19-14227 Date Filed: 07/14/2021 Page: 7 of 40 II. Congress enacted the Prison Litigation Reform Act of 1995, 18 U.S.C. § 3626, to exp…
  • Kananen v. Sec'y, Dep't of Corr., 606 F. 3d 1296 (11th Cir. 2025)
    …-2 Date Filed: 10/28/2025 Page: 2 of 2 2 Order of the Court 25-11260 Kananen's notice of appeal, deemed filed under the prison mailbox rule on April 9, 2025, is untimely to challenge the Decem- ber 6, 2022 judgment. See Green v. Drug Enf't Admin., 606 F.3d 1296, 1300-02 (11th Cir. 2010) (holding that a timely notice of appeal is a jurisdictional requirement in a civil case); Fed. R. App. P. 4(a)(1)(A) (providing that a notice of appeal must be filed within 30 days after the judgment or order appealed from…

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