United States v. Michael Gamboa, No. 07-1338 (8th Cir. 2008)
Annotate this CaseCourt Description: Criminal case - criminal law. Appeal filed before entry of final order dismissed for lack of jurisdiction; district court orders in second appeal affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ Nos. 07-1225/1338 ___________ United States of America, Appellee, v. Michael Gerald Gamboa, Appellant. * * * * Appeals from the United States * District Court for the * District of North Dakota. * * [UNPUBLISHED] * ___________ Submitted: October 3, 2008 Filed: October 6, 2008 ___________ Before MURPHY, BYE, and BENTON, Circuit Judges. ___________ PER CURIAM. In these consolidated appeals, Michael Gamboa challenges the district court s1 initial failure to rule on his pro se post-judgment motions and its subsequent denial of his pro se motions. We dismiss Appeal No. 07-1225 for lack of appellate jurisdiction, because Gamboa filed his notice of appeal before a final order was entered. Cf. Waterson v. Hall, 515 F.3d 852, 853, 855-57 (8th Cir. 2008) (dismissing appeals for lack of jurisdiction when court concluded there was no final appealable order). As to 1 The Honorable Rodney S. Webb, United States District Judge for the District of North Dakota. Appeal No. 07-1338, we find no basis for reversal and accordingly affirm. See 8th Cir. R. 47B. ______________________________ -2-
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