Warren Fambro v. Baldwin SP Warden
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 13, 2026
Docket26-10727
StatusUnpublished
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Full Opinion
USCA11 Case: 26-10727 Document: 11-1 Date Filed: 11/13/2026 Page: 1 of 2
NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 26-10727
Non-Argument Calendar
____________________
WARREN FAMBRO,
Petitioner-Appellant,
versus
BALDWIN SP WARDEN,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:25-cv-03936-SEG
____________________
Before ROSENBAUM, LAGOA, and BRASHER, Circuit Judges.
PER CURIAM:
Warren Fambro, a state prisoner proceeding pro se, appeals
the district court’s January 23, 2026, final judgment dismissing his
28 U.S.C. § 2254 petition for a writ of habeas corpus. Fambro did
USCA11 Case: 26-10727 Document: 11-1 Date Filed: 11/13/2026 Page: 2 of 2
2 Opinion of the Court 26-10727
not date his notice of appeal, and he did not include a declaration
or notarized statement as to the date he gave it to prison officials
for mailing. Additionally, the envelope in which Fambro mailed
the notice was not postmarked.
On appeal, a jurisdictional question asked the parties to ad-
dress whether Fambro’s notice of appeal is timely as to the Janu-
ary 23, 2026, judgment. Neither party responded.
Upon review of the record, we conclude that Fambro’s no-
tice of appeal—deemed filed upon receipt on March 3, 2026, given
that there is no evidence establishing when he delivered the notice
to prison authorities for mailing—is untimely to appeal from the
January 23, 2026, judgment. See 28 U.S.C. § 2107(a) (providing that
a notice of appeal in a civil case must be filed within 30 days after
the judgment or order appealed from is entered if there is not a
federal party); Fed. R. App. P. 4(c)(1) (explaining the prison mailbox
rule); Daniels v. United States, 809 F.3d 588, 589-90 & n.2 (11th Cir.
2015) (explaining that “strict compliance” is required for a prisoner
to take advantage of the prison mailbox rule); Haney v. Mizell Mem’l
Hosp., 744 F.2d 1467, 1472 (11th Cir. 1984) (explaining that, in gen-
eral, a notice of appeal that is mailed to a court is deemed filed on
the date that it is received by that court). We therefore lack juris-
diction over this appeal. See Green v. Drug Enf’t Admin., 606 F.3d
1296, 1300 (11th Cir. 2010) (holding that the timely filing of a notice
of appeal in a civil case is a jurisdictional requirement).
Accordingly, this appeal is DISMISSED for lack of jurisdic-
tion. All pending motions are DENIED as moot.