United States v. DeJuan Thornton


PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED); The pending motions are denied as moot. [4356436-2], [4371245-2] [4391487] [15-2669]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2669 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. DeJuan Thornton lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: April 21, 2016 Filed: April 25, 2016 [Unpublished] ____________ Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Appellate Case: 15-2669 Page: 1 Date Filed: 04/25/2016 Entry ID: 4391487 DeJuan Thornton, a federal prisoner, appeals the district court’s1 order committing him for treatment under 18 U.S.C. § 4245. To be timely, Mr. Thornton’s notice of appeal from the final judgment, entered on March 6, 2015, had to be filed by May 5, 2015. See Fed. R. App. P. 4(a)(1)(B) (providing 60 days to appeal in civil case involving government as party). The notice of appeal was filed on May 26, 2015. Even if we were to consider it to have been filed on May 19--the date it bears, cf. Fed. R. App. P. 4(c)(1) (prison mailbox rule)--it would still be untimely, and therefore we lack jurisdiction over this civil appeal. See Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir. 2006) (holding that requirement of timely notice of appeal is mandatory and jurisdictional, and that federal court will raise jurisdiction issues sua sponte). Accordingly, the appeal is dismissed, and the pending motions are denied as moot. ______________________________ 1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri, adopting the report and recommendations of the Honorable David P. Rush, United States Magistrate Judge for the Western District of Missouri. -2- Appellate Case: 15-2669 Page: 2 Date Filed: 04/25/2016 Entry ID: 4391487

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