Claud Gaines v. City of Forrest City, et al

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Kermit E. Bye and Jane Kelly (UNPUBLISHED) [4398564] [15-3029]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-3029
___________________________
Claud Gaines
lllllllllllllllllllll Plaintiff - Appellant
v.
City of Forrest City; Dwight Duch, Lieutenant, Individually and in his official
capacity; E.P. Reynolds, Individually and in his official capacity; Larry Bryant,
Individually and in his official capacity
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Helena
____________
Submitted: May 6, 2016
Filed: May 13, 2016
[Unpublished]
____________
Before LOKEN, BYE, and KELLY, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-3029

Page: 1

Date Filed: 05/13/2016 Entry ID: 4398564

Claud Gaines appeals the district court’s1 adverse grant of summary judgment
in his pro se employment-discrimination action. The district court entered judgment
against him on July 16, 2015. His notice of appeal was filed on August 24, 2015,
more than 30 days later. See Fed. R. App. P. 4(a)(1)(A) (30 days to appeal in civil
case), 26(a) (computing time). This court therefore lacks jurisdiction over this
untimely appeal. See Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir. 2006)
(requirement of timely NOA is mandatory and jurisdictional; federal court will raise
jurisdiction issues sua sponte). Accordingly, we dismiss the appeal.
______________________________

1

The Honorable D.P. Marshall, Jr., United States District Judge for the Eastern
District of Arkansas.
-2-

Appellate Case: 15-3029

Page: 2

Date Filed: 05/13/2016 Entry ID: 4398564