Bennett-Charles Formanack v. Stillwater Towing Inc.

U.S. Court of Appeals for the Eighth Circuit

Bennett-Charles Formanack v. Stillwater Towing Inc.

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-1344 ___________________________

Bennett-Charles Formanack

lllllllllllllllllllllPlaintiff - Appellant

v.

Stillwater Towing Inc.; Richard J. Ritzer; Michelle Ritzer; Kevin Last Name Unknown

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota - Minneapolis ____________

Submitted: October 17, 2018 Filed: October 24, 2018 [Unpublished] ____________

Before LOKEN, BENTON, and SHEPHERD, Circuit Judges. ____________

PER CURIAM.

In this diversity action, Bennett-Charles Formanack seeks to appeal after the district court1 dismissed his complaint for lack of subject-matter jurisdiction, and

1 The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota. denied his postjudgment motions. After careful review, we dismiss the appeal for lack of appellate jurisdiction, because Formanack’s notice of appeal did not designate the order, judgment, or part thereof that he was appealing. See Fed. R. App. P. 3(c)(1)(B) (notice of appeal must designate judgment, order, or part thereof being appealed); Smith v. Barry, 502 U.S. 244, 248 (1992) (Rule 3 requirements are jurisdictional). We also deny as moot Formanack’s pending motion to suppress. ______________________________

-2-

Reference

Status
Unpublished