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Angela Nails v. Debbie Pippin, 15-2758 (2016)

Court: Court of Appeals for the Eighth Circuit Number: 15-2758 Visitors: 10
Filed: Feb. 11, 2016
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-2758 _ Angela Nails lllllllllllllllllllll Plaintiff - Appellant v. Debbie Pippin; Wal-Mart Stores, Claim Management lllllllllllllllllllll Defendants - Appellees _ No. 15-2760 _ Angela Nails lllllllllllllllllllll Plaintiff - Appellant v. Wal-Mart Stores, Inc.; Jennifer Pickard; Kathy Moson; Debbie Pippin; Melanie Linn; Rayner Lowden; Jerald Hendrix lllllllllllllllllllll Defendants - Appellees _ No. 15-2761 _ Angela Nails lllllllllll
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               United States Court of Appeals
                         For the Eighth Circuit
                     ___________________________

                             No. 15-2758
                     ___________________________

                                  Angela Nails

                     lllllllllllllllllllll Plaintiff - Appellant

                                         v.

            Debbie Pippin; Wal-Mart Stores, Claim Management

                   lllllllllllllllllllll Defendants - Appellees
                      ___________________________

                             No. 15-2760
                     ___________________________

                                  Angela Nails

                     lllllllllllllllllllll Plaintiff - Appellant

                                         v.

Wal-Mart Stores, Inc.; Jennifer Pickard; Kathy Moson; Debbie Pippin; Melanie
                    Linn; Rayner Lowden; Jerald Hendrix

                   lllllllllllllllllllll Defendants - Appellees
                      ___________________________

                             No. 15-2761
                     ___________________________
                                  Angela Nails

                     lllllllllllllllllllll Plaintiff - Appellant

                                         v.

Tracy Walker; Greg McCallen; Wal-Mart Stores, Inc.; Ozark Arkansas Customer
                              Service Center

                   lllllllllllllllllllll Defendants - Appellees
                      ___________________________

                              No. 15-2762
                      ___________________________

                                  Angela Nails

                     lllllllllllllllllllll Plaintiff - Appellant

                                         v.

       Ozark Arkansas Customer Service Center; Wal-Mart Stores, Inc.

                   lllllllllllllllllllll Defendants - Appellees
                                    ____________

                  Appeals from United States District Court
              for the Western District of Arkansas - Fayetteville
                               ____________

                         Submitted: February 9, 2016
                          Filed: February 11, 2016
                               [Unpublished]
                               ____________

Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges.
                         ____________

                                        -2-
PER CURIAM.

       In these consolidated matters, Angela Nails appeals from four orders issued by
the district court,1 each of which granted her motion to voluntarily dismiss her civil
lawsuits. We conclude that Ms. Nails lacks standing to appeal from the district
court’s orders. See United States v. Northshore Min. Co., 
576 F.3d 840
, 846 (8th Cir.
2009) (standing is jurisdictional prerequisite for appeals); see also Huggins v. FedEx
Ground Package Sys., Inc., 
566 F.3d 771
, 773 (8th Cir. 2009) (appellate courts are
obligated to consider sua sponte jurisdictional issues, where it appears jurisdiction is
lacking). When a district court dismisses a case without prejudice pursuant to a
plaintiff’s voluntary request to do so, a plaintiff lacks standing to appeal except under
limited circumstances which are not present in these cases. See Helm Fin. Corp. v.
MNVA R.R., Inc., 
212 F.3d 1076
, 1080 (8th Cir. 2000) (in general, neither party may
appeal from voluntary dismissal because it is not an involuntary adverse judgment);
Belle-Midwest, Inc. v. Mo. Prop. & Cas. Ins. Guar. Ass’n, 
56 F.3d 977
, 978 (8th Cir.
1995) (generally, moving plaintiff may not appeal from order granting voluntary
dismissal); Bowers v. St. Louis Sw. Ry. Co., 
668 F.2d 369
, 369 (8th Cir. 1981) (per
curiam) (as a general rule, no appeal by moving plaintiff will lie from order granting
voluntary dismissal).

      Accordingly, we dismiss these appeals.
                     ______________________________




      1
      The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

                                          -3-

Source:  CourtListener

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