Kevin Kelly v. Shalonda Parker - Appeal Dismissal
Summary
The Eleventh Circuit Court of Appeals dismissed Kevin Kelly's appeal sua sponte for lack of jurisdiction. The dismissal was based on Kelly's notice of appeal being filed untimely, after the 30-day deadline from the district court's judgment.
What changed
The Eleventh Circuit Court of Appeals has dismissed the appeal of Kevin Kelly v. Shalonda Parker. The dismissal, issued sua sponte, is based on a lack of appellate jurisdiction. The court found that Kelly's notice of appeal, filed on January 26, 2026, was untimely as it fell outside the 30-day window following the district court's judgment entered on December 23, 2025.
This ruling highlights the critical importance of adhering to appellate procedural deadlines. Legal professionals representing clients in appeals must ensure that notices of appeal are filed within the statutory timeframe to invoke the court's jurisdiction. Failure to do so, as demonstrated in this case, will result in the dismissal of the appeal, regardless of the merits of the underlying case.
What to do next
- Review appellate filing deadlines for timeliness
- Ensure all notices of appeal are filed within the statutory period
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March 20, 2026 Get Citation Alerts Download PDF Add Note
Kevin Kelly v. Shalonda Parker
Court of Appeals for the Eleventh Circuit
- Citations: None known
- Docket Number: 26-10375
- Precedential Status: Non-Precedential
Nature of Suit: NEW
Combined Opinion
USCA11 Case: 26-10375 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NOT FOR PUBLICATION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. 26-10375
Non-Argument Calendar
KEVIN LAMONTE KELLY,
Plaintiff-Appellant,
versus
JUDGE SHALONDA JONES PARKER,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:25-cv-02165-SEG
Before BRANCH, LAGOA, and ABUDU, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of
jurisdiction.
USCA11 Case: 26-10375 Document: 10-1 Date Filed: 03/20/2026 Page: 2 of 2
2 Opinion of the Court 26-10375
Kevin Lamonte Kelly, a state prisoner proceeding pro se,
appeals from the district court’s judgment dismissing this action,
which was entered on December 23, 2025. Kelly’s notice of appeal
is deemed filed, under the prison mailbox rule, on January 26, 2026.
See Fed. R. App. P. 4(c).
Kelly had 30 days from the entry of the judgment, or until
January 22, 2026, to appeal the judgment. See 28 U.S.C. § 2107 (a);
Fed. R. App. P. 4(a)(1)(A). His notice of appeal, filed on January 26,
2026, is thus untimely and cannot invoke our appellate jurisdiction.
See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010).
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