___________ 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United States of America, * [UNPUBLISHED] * Appellee.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 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.

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