Joe Wesley v. Crothall Services Group


PER CURIAM OPINION FILED - THE COURT: JAMES B. LOKEN, KERMIT E. BYE and STEVEN M. COLLOTON (UNPUBLISHED); denying [3802555-2] motion for remand filed by Appellant Mr.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

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1368 ___________ Joe S. Wesley, Appellant, v. Crothall Services Group, Appellee. * * * Appeal from the United States * District Court for the Eastern * District of Arkansas. * * [UNPUBLISHED] * * ___________ Submitted: October 5, 2011 Filed: October 11, 2011 ___________ Before LOKEN, BYE, and COLLOTON, Circuit Judges. ___________ 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 Page: 1 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. ______________________________ -2- Appellate Case: 11-1368 Page: 2 Date Filed: 10/11/2011 Entry ID: 3837644

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