Clarence McKinney v. Attorney General, State of Florida - Appeal Dismissal
Summary
The Eleventh Circuit Court of Appeals dismissed the appeal of Clarence McKinney for lack of jurisdiction. The court found that McKinney's notice of appeal was filed one day after the statutory deadline, rendering it untimely. This dismissal is based on procedural grounds related to appellate filing requirements.
What changed
The Eleventh Circuit Court of Appeals has dismissed the appeal filed by Clarence McKinney in case number 25-13355. The dismissal is based on the finding that McKinney's notice of appeal was untimely, having been filed one day after the 30-day statutory deadline. The court cited 28 U.S.C. § 2107(a) and Federal Rule of Appellate Procedure 4(a)(1)(A) as the basis for the deadline, and Federal Rule of Appellate Procedure 4(c)(1) and the prison mailbox rule for determining the filing date. The appeal was dismissed sua sponte due to lack of appellate jurisdiction.
For regulated entities, this case serves as a reminder of the strict adherence required for appellate filing deadlines. While this specific case involves a pro se prisoner, the principles of timely filing apply broadly. Compliance officers should ensure that any appeals or critical filings adhere strictly to established deadlines to avoid dismissal. No specific actions are required for compliance teams beyond awareness of procedural rules in legal matters.
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March 20, 2026 Get Citation Alerts Download PDF Add Note
Clarence McKinney v. Attorney General, State of Florida
Court of Appeals for the Eleventh Circuit
- Citations: None known
- Docket Number: 25-13355
- Precedential Status: Non-Precedential
Nature of Suit: NEW
Combined Opinion
USCA11 Case: 25-13355 Document: 10-1 Date Filed: 03/20/2026 Page: 1 of 2
NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
No. 25-13355
Non-Argument Calendar
CLARENCE MCKINNEY,
Petitioner-Appellant,
versus
STATE ATTORNEY GENERAL OF FLORIDA,
Respondent-Appellee.
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 3:25-cv-00762-WWB-MCR
Before BRANCH, GRANT, and LUCK, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The 30-day statutory deadline required Clarence McKinney,
a state prisoner proceeding pro se, to file a notice of appeal from
USCA11 Case: 25-13355 Document: 10-1 Date Filed: 03/20/2026 Page: 2 of 2
2 Opinion of the Court 25-13355
the district court’s August 19, 2025 final order and judgment on or
before September 18, 2025. See 28 U.S.C. § 2107 (a); Fed. R. App. P.
4(a)(1)(A). However, McKinney’s notice of appeal was not deemed
filed, under the prison mailbox rule, until September 19, 2025. See
Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).
Accordingly, the notice of appeal is untimely and cannot invoke
our appellate jurisdiction. See Green v. Drug Enf’t Admin.,
606 F.3d 1296, 1300 (11th Cir. 2010).
All pending motions are DENIED as moot.
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