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Claud Gaines v. City of Forrest City, 15-3029 (2016)

Court: Court of Appeals for the Eighth Circuit Number: 15-3029 Visitors: 13
Filed: May 13, 2016
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-3029 _ Claud Gaines lllllllllllllllllllll 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 lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Eastern District of Arkansas - Helena _ Submitted: May 6, 2016 Filed:
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 15-3029
                        ___________________________

                                    Claud Gaines

                       lllllllllllllllllllll 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

                     lllllllllllllllllllll Defendants - Appellees
                                      ____________

                   Appeal from United States District Court
                  for the Eastern District of Arkansas - Helena
                                 ____________

                              Submitted: May 6, 2016
                               Filed: May 13, 2016
                                  [Unpublished]
                                  ____________

Before LOKEN, BYE, and KELLY, Circuit Judges.
                           ____________

PER CURIAM.
       Claud Gaines appeals the district court’s1 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.

                                         -2-

Source:  CourtListener

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