George Carlisle, Jr. v. St. Charles Community College, No. 10-2505 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil case - employment discrimination. Appeal was untimely as to the underlying judgment and the post-judgment motion for relief from judgment was not filed in time to toll the appeal; district court did not abuse its discretion by denying the post-judgment motion.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-2505 ___________ George Walter Carlisle, Jr., * * Appellant, * Appeal from the United States * District Court for the v. * Eastern District of Missouri. * St. Charles Community College, * [UNPUBLISHED] * Appellee. * ___________ Submitted: January 21, 2011 Filed: February 1, 2011 ___________ Before MELLOY, GRUENDER, and BENTON, Circuit Judges. ___________ PER CURIAM. George Carlisle, Jr., appeals the district court s1 adverse grant of summary judgment in his employment discrimination action against St. Charles Community College. This court lacks jurisdiction to review the summary judgment order because this appeal is untimely as to the final judgment, and Carlisle s post-judgment motion for relief from judgment was not filed in time to toll the time to appeal. See Dill v. Gen. Am. Life Ins. Co., 525 F.3d 612, 619-20 (8th Cir. 2008). This court finds no 1 The Honorable Donald J. Stohr, United States District Judge for the Eastern District of Missouri. abuse of discretion in the district court s decision to deny the post-judgment motion. See Arnold v. Wood, 238 F.3d 992, 998 (8th Cir. 2001) (standard of review). Accordingly, we affirm. ______________________________ -2-
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