Andrew Ciesla v. C. Christian, No. 16-2107 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Shepherd, Murphy and Kelly, Circuit Judges] Civil case - Civil rights. Appellant's appeal is untimely and is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2107 ___________________________ Andrew Ciesla lllllllllllllllllllll Plaintiff - Appellant v. C. B. Christian, Trooper lllllllllllllllllllll Defendant - Appellee D. McDaniel, Officer; Pemiscot County, Missouri; City of Hayti, Missouri lllllllllllllllllllll Defendants ____________ Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau ____________ Submitted: March 28, 2017 Filed: June 8, 2017 [Unpublished] ____________ Before SHEPHERD, MURPHY, and KELLY, Circuit Judges. ____________ PER CURIAM. Andrew Ciesla appeals following the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. The district court entered its separate judgment on March 30, 2016, and Ciesla filed his notice of appeal on Saturday, April 30, 2016--more than 30 days later. See Fed. R. App. P. 4(a)(1)(A) (in civil case, notice of appeal must be filed within 30 days after entry of judgment or order appealed from). This court therefore lacks appellate jurisdiction over this untimely appeal. See Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir. 2006) (requirement of timely notice of appeal is mandatory and jurisdictional; federal court will raise jurisdictional issues sua sponte). Accordingly, we dismiss the appeal. ______________________________ 1 The Honorable Abbie Crites-Leoni, United States Magistrate Judge for the Eastern District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). -2-
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