U.S. Court of Appeals for the Eighth Circuit, 2004

Simmons v. St. Louis City Police Department

Simmons v. St. Louis City Police Department
U.S. Court of Appeals for the Eighth Circuit · Decided August 6, 2004 · Murphy, Fagg, Smith
103 F. App'x 930

Simmons v. St. Louis City Police Department

Opinion

PER CURIAM.

Julius Simmons appeals the district court’s 1 adverse judgment entered upon a jury verdict in his 42 U.S.C. § 1983 action for excessive use of force. Upon careful review of the record, we conclude Simmons’s appeal is untimely because his notice of appeal was not filed within thirty days of entry of final judgment, and Simmons did not seek an extension of time to file his notice of appeal. See Fed. R.App. P. 4(a).

Accordingly, we dismiss the appeal as untimely.

1

. The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri.

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