Claud Gaines v. City of Forrest City

U.S. Court of Appeals for the Eighth Circuit
Claud Gaines v. City of Forrest City, 640 F. App'x 603 (8th Cir. 2016)

Claud Gaines v. City of Forrest City

Opinion

PER CURIAM.

Claud Gaines appeals the district court’s 1 adverse grant of summary judgment in his pro se employment-discrimination action. The district court entered judgment against him on July 16, 2015. His notice of appeal was filed on August 24, 2015, more, than 30 days later. See Fed. R.App. P. 4(a)(1)(A) (30 days to appeal in civil case), 26(a) (computing time). This court therefore lacks jurisdiction over this untimely appeal. See Dieser v. Cont’l Cas. Co., 440, F.3d 920, 923 (8th Cir. 2006) (requirement of timely NOA is mandatory and jurisdictional; federal court will raise jurisdiction issues sua sponte). Accordingly, we dismiss the appeal.

1

. The Honorable D.P. Marshall, Jr., United States District Judge for the Eastern District of Arkansas.

Reference

Full Case Name
Claud GAINES, Plaintiff-Appellant v. CITY OF FORREST CITY; Dwight Duch, Lieutenant, Individually and in His Official Capacity; E.P. Reynolds, Individually and in His Official Capacity; Larry Bryant, Individually and in His Official Capacity, Defendants-Appellees
Status
Unpublished