Joe Wesley v. Crothall Services Group

Filing

PER CURIAM OPINION FILED - THE COURT: JAMES B. LOKEN, KERMIT E. BYE and STEVEN M. COLLOTON (UNPUBLISHED); denying [3802555-2] motion for remand filed by Appellant Mr. Joe S. Wesley. [3837644] [11-1368]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 11-1368
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Joe S. Wesley,
Appellant,
v.
Crothall Services Group,
Appellee.

*
*
* Appeal from the United States
* District Court for the Eastern
* District of Arkansas.
*
* [UNPUBLISHED]
*
*
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Submitted: October 5, 2011
Filed: October 11, 2011
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Before LOKEN, BYE, and COLLOTON, Circuit Judges.
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PER CURIAM.
Joe S. Wesley appeals following the district court’s1 adverse grant of summary
judgment in his employment-discrimination action, and the subsequent denial of his
motion for reconsideration. Initially, we note that Wesley’s notice of appeal is timely
only as to the order denying reconsideration, see Huggins v. FedEx Ground Package
Sys., Inc., 566 F.3d 771, 773 (8th Cir. 2009) (court is obligated to consider
jurisdiction sua sponte when there is indication that it is lacking), because his motion
was filed twenty-nine days after the entry of judgment, and thus did not toll the time
1

The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas.

Appellate Case: 11-1368

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Date Filed: 10/11/2011 Entry ID: 3837644

to appeal the underlying grant of summary judgment, see Fed. R. App. P. 4(a)(4).
Finding no abuse of discretion in the denial of reconsideration under Federal Rule of
Civil Procedure 60(b), see Arnold v. Wood, 238 F.3d 992, 998 (8th Cir. 2001) (Rule
60(b) movant must demonstrate exceptional circumstances justifying such relief), we
affirm the district court. We also deny Wesley’s motion for remand.
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Date Filed: 10/11/2011 Entry ID: 3837644