U.S. Court of Appeals for the Eighth Circuit, 2008

Clara Fuller v. Alliant Energy

Clara Fuller v. Alliant Energy
U.S. Court of Appeals for the Eighth Circuit · Decided July 10, 2008 · Murphy, Colloton, Shepherd
283 F. App'x 426

Clara Fuller v. Alliant Energy

Opinion

PER CURIAM.

Clara Reece Fuller, an African-American woman, appeals the district court’s 1 grant of summary judgment in favor of her former employer, Alliant Energy, on her claims of race, sex, and disability discrimination. Because we conclude that Fuller’s notice of appeal was untimely filed thirty-one days after the district court entered judgment, and the thirtieth day did not fall on a Saturday, Sunday, or legal holiday, we dismiss the appeal for lack of jurisdiction. See Fed. RApp. P. 4(a)(1)(A) (in civil cases, NOA must be filed within 30 days after entry of judgment or order), 26(a) (computation of time); Dill v. Gen. Am. Life Ins. Co., 525 F.3d 612, 619-20 (8th Cir. 2008) (timely NOA is mandatory and jurisdictional); Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir. 2006) (court will raise jurisdictional issues sua sponte).

1

. The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa.

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