David Nollmeyer, Plaintiff-appellant, v. United States of America; Delaware State Police, Defendants-appellees, 153 F.3d 728 (10th Cir. 1998)

Before PORFILIO, KELLY and HENRY, Circuit Judges.^** 

ORDER AND JUDGMENT^* 

PER CURIAM

Mr. Nollmeyer, appearing pro se and in forma pauperis, appeals from the district court's dismissal with prejudice of his civil rights action against the United States for failure to state a claim, Fed. R. Civ. P. 12(b) (6), and against the Delaware State Police for lack of personal jurisdiction, Fed. R. Civ. 12(b) (2). We construe Mr. Nollmeyer's docketing statement filed in this court on September 23, 1997, as the functional equivalent of a notice of appeal from the district court's order of April 14, 1997 dismissing the action and the September 2, 1997 denial of post-judgment motions. See Smith v. Barry, 502 U.S. 244, 248-49, 112 S. Ct. 678, 116 L. Ed. 2d 678 (1992); Fed. R. App. P. 4(a) (1); 4(a) (4) (C). We have reviewed the record and affirm for substantially the same reasons relied upon by the magistrate judge, although we remand for the district court to enter judgment dismissing without prejudice the claims against the Delaware State Police, as these claims were dismissed for lack of personal jurisdiction. See Madara v. Hall, 916 F.2d 1510, 1514 n. 1 (11th Cir. 1990). To the extent Mr. Nollmeyer raises new issues in his appeal not addressed below, we deem them waived and do not address them. See Sac & Fox Nation v. Hanson, 47 F.3d 1061, 1063 (10th Cir.), cert. denied, 516 U.S. 810, 116 S. Ct. 57, 133 L. Ed. 2d 21 (1995). We construe Mr. Nollmeyer's continued filings with this court as motions to file supplemental briefs and deny them.

AFFIRMED and REMANDED.