Smith v. Missouri, No. 15-2388 (8th Cir. 2015)
Annotate this CasePlaintiff appealed the district court's dismissal of his civil action without prejudice. The district court construed plaintiff's motion to proceed in forma pauperis on appeal as also seeking relief under Rule 60(b) of the Federal Rules of Civil Procedure. The court then determined that it lacked jurisdiction to rule on the request for Rule 60(b) relief because plaintiff had simultaneously filed a notice of appeal (NOA). The court concluded that the motion should be construed as seeking Rule 60(b) relief, but held that the district court was mistaken in believing that it lacked authority to rule on the motion, which was filed within 28 days of the district court’s order. The court lacked jurisdiction over the appeal because plaintiff's NOA will not become effective until after the District Court has ruled on his request for Rule 60(b) relief.
Court Description: Per Curiam. Before Loken, Bowman, and Smith, Circuit Judges] Civil Case - civil rights. District court was mistaken in determining that it lacked jurisdiction to rule on timely filed Rule 60(b) motion once notice of appeal had been filed. Notice of appeal does not become effective until district court rules on request for Rule 60(b) relief. Appeal will be held dormant until the district court rules on the postjudgment motion. [ October 29, 2015
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