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No. 96-1761/2447 ___________

Bob Hope, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. United States of America, * [UNPUBLISHED] * Appellee. * ___________

Submitted: October 30, 1996

Filed: November 4, 1996 ___________

Before FAGG, WOLLMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

In this consolidated appeal, Bob Hope challenges the district 1 court's denial of his 28 U.S.C. § 2255 motion (No. 96-1761) and his motion for discovery (No. 96-2447). Having reviewed the record and the parties' briefs, we conclude Hope is not entitled to section 2255 relief, and accordingly affirm the judgment in No. 96-1761. See 8th Cir. R. 47B. As Hope filed his discovery motion after filing the notice of appeal in his section 2255 action, the district court lacked jurisdiction to consider and rule on the motion. Thus, we dismiss appeal No. 96-2447.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

1 The Honorable Henry Woods, United States District Judge for the Eastern District of Arkansas.