United States v. Larry Thomas, etc.

U.S. Court of Appeals for the Eighth Circuit
United States v. Larry Thomas, etc., 329 F. App'x 49 (8th Cir. 2009)

United States v. Larry Thomas, etc.

Opinion

PER CURIAM.

Larry and Rosie Lee Thomas appeal from the district court’s 1 adverse grant of summary judgment as well as its denials of their post-judgment motions to quash a writ of assistance and for other relief. On appeal, they argue that the district court lacked subject matter jurisdiction. Upon de novo review, see Myers v. Richland County, 429 F.3d 740, 745 (8th Cir. 2005), we conclude that the court had jurisdiction under 28 U.S.C. § 1345. 2 Finally, we find no basis for reversing the district court’s denials of appellants’ post-judgment motions. Cf. Lara v. Sec’y of Interior, 820 F.2d 1535, 1542-43 (9th Cir. 1987) (district court may issue orders pending appeal to enforce judgment).

Accordingly, we affirm in each of these three consolidated appeals. See 8th Cir. R. 47B. Appellants’ pending motion for contempt is denied.

1

. The Honorable G. Thomas Eisele, United States District Judge for the Eastern District of Arkansas.

2

. In particular, we find no merit to appellants' jurisdictional argument that is apparently based on Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), aff’d, 206 F.3d 1212 (D.C.Cir. 2000).

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Larry THOMAS, Husband; Rosie Lee Thomas, Wife, Appellants
Status
Unpublished