Angela Nails v. Debbie Pippin, et al


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED) [4365827] [15-2758, 15-2760, 15-2761, 15-2762]

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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 ___________________________ Appellate Case: 15-2758 Page: 1 Date Filed: 02/11/2016 Entry ID: 4365827 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for the Western District of Arkansas - Fayetteville ____________ Submitted: February 9, 2016 Filed: February 11, 2016 [Unpublished] ____________ Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges.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- Appellate Case: 15-2758 Page: 2 Date Filed: 02/11/2016 Entry ID: 4365827 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- Appellate Case: 15-2758 Page: 3 Date Filed: 02/11/2016 Entry ID: 4365827

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