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

United States v. Michael Gamboa

United States v. Michael Gamboa
U.S. Court of Appeals for the Eighth Circuit · Decided October 6, 2008

United States v. Michael Gamboa

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ Nos. 07-1225/1338 ___________ United States of America, * * Appellee, * * Appeals from the United States v. * District Court for the * District of North Dakota.

Michael Gerald Gamboa, * * [UNPUBLISHED] Appellant. * ___________ Submitted: October 3, 2008 Filed: October 6, 2008 ___________ Before MURPHY, BYE, and BENTON, Circuit Judges. ___________ PER CURIAM.

In these consolidated appeals, Michael Gamboa challenges the district court’s1 initial failure to rule on his pro se post-judgment motions and its subsequent denial of his pro se motions. We dismiss Appeal No. 07-1225 for lack of appellate jurisdiction, because Gamboa filed his notice of appeal before a final order was entered. Cf. Waterson v. Hall, 515 F.3d 852, 853, 855-57 (8th Cir. 2008) (dismissing appeals for lack of jurisdiction when court concluded there was no final appealable order). As to

The Honorable Rodney S. Webb, United States District Judge for the District of North Dakota.

Appeal No. 07-1338, we find no basis for reversal and accordingly affirm. See 8th Cir. R. 47B. ______________________________

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