Filed: Nov. 20, 2007
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 06-4087 _ Richard Connally; * * Appellant, * * Clarence Washington, II; Victor L. * Winzer; James E. Phillips, * * Plaintiffs, * * v. * Appeal from the United States * District Court for the Ron Ashton, in his individual and * Western District of Missouri. official capacity as President of * American Ingredients Company; * [UNPUBLISHED] American Ingredients Company; Mike * Roepke, Business Representative, * Association of Machinists and
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 06-4087 _ Richard Connally; * * Appellant, * * Clarence Washington, II; Victor L. * Winzer; James E. Phillips, * * Plaintiffs, * * v. * Appeal from the United States * District Court for the Ron Ashton, in his individual and * Western District of Missouri. official capacity as President of * American Ingredients Company; * [UNPUBLISHED] American Ingredients Company; Mike * Roepke, Business Representative, * Association of Machinists and ..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 06-4087
___________
Richard Connally; *
*
Appellant, *
*
Clarence Washington, II; Victor L. *
Winzer; James E. Phillips, *
*
Plaintiffs, *
*
v. * Appeal from the United States
* District Court for the
Ron Ashton, in his individual and * Western District of Missouri.
official capacity as President of *
American Ingredients Company; * [UNPUBLISHED]
American Ingredients Company; Mike *
Roepke, Business Representative, *
Association of Machinists and *
Aerospace Workers Union; Joe *
McCarthy; Gordon Breast, Warehouse *
Manager, Individual and Official *
Capacity; Jay Cherry; International *
Association of Machinists and *
Aerospace Workers, *
*
Appellees. *
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Submitted: November 16, 2007
Filed: November 20, 2007
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Before WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Richard Connally appeals the district court’s1 dismissal of his employment-
discrimination action. Upon careful review, we dismiss the appeal for lack of
jurisdiction because Connally’s December 4 notice of appeal was not filed within 30
days of the October 2 entry of judgment, and his October 27 motion to vacate the
judgment did not toll the time for filing a notice of appeal. See Fed. R. App. P.
4(a)(1)(A) (notice of appeal must be filed within 30 days after judgment is entered);
Fed. R. App. 4(a)(4)(A) (if party timely files Fed. R. Civ. P. 59(e) motion or Rule 60
motion no later than 10 days after judgment is entered, time to file appeal runs for all
parties from entry of order disposing of last remaining motion); Fed. R. Civ. P. 59(e)
(motion to alter or amend judgment shall be filed no later than 10 days after entry of
judgment); Arnold v. Wood,
238 F.3d 992, 995-96 (8th Cir. 2001) (time for filing
NOA was not tolled where plaintiff did not file his Rule 59(e) and 60(b) motion
within 10 days of entry of judgment); Dieser v. Cont’l Cas. Co.,
440 F.3d 920, 923
(8th Cir. 2006) (timely NOA is mandatory and jurisdictional, and court will raise
jurisdictional issues sua sponte).
Accordingly, the appeal is dismissed, and Connally’s pending motion on appeal
is denied as moot.
______________________________
1
The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District
Court for the Western District of Missouri.
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