United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________

No. 99-2607 _____________

Cathy Jackson, Special Administrator of * the Estate of Anthony James Messmer, * Deceased, * * Appeal from the United States Appellant, * District Court for the Western * District of Arkansas. v. * * [UNPUBLISHED] United States of America, * * Appellee. * _____________

Submitted: March 13, 2000 Filed: March 23, 2000 _____________

Before MORRIS SHEPPARD ARNOLD and FAGG, Circuit Judges, and BENNETT,* District Judge. _____________

PER CURIAM.

This appeal has been submitted on the briefs. Having considered the record and the parties' submissions, we agree with the district court's analysis and conclude that no error of law appears in the district court’s order. Because Jackson failed to raise certain issues in time for the district court to rule on them in its order dismissing the

* The Honorable Mark W. Bennett, Chief Judge, United States District Court for the Northern District of Iowa, sitting by designation. complaint, we decline to consider issues raised for the first time in her motion for reconsideration in the district court and in her brief before this court. We thus affirm for the reasons stated in the district court’s order without further discussion. See 8th Cir. R. 47B.

A true copy.

Attest:

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

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