Claud Gaines v. City of Forrest City, et al


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Kermit E. Bye and Jane Kelly (UNPUBLISHED) [4398564] [15-3029]

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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District Court for the Eastern District of Arkansas - Helena ____________ Submitted: May 6, 2016 Filed: May 13, 2016 [Unpublished] ____________ Before LOKEN, BYE, and KELLY, Circuit Judges. ____________ 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

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