Michael Van Vliet v. Nurse Andrea Garrett, et al, No. 08-2035 (8th Cir. 2009)
Annotate this CaseCourt Description: Civil case. Appellant's notice of appeal was filed one day out of time, and the appeal must be dismissed for lack of jurisdiction.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-2035 ___________ Michael Van Vliet, * * Appellant, * Appeal from the United States * District Court for the v. * Western District of Arkansas. * Nurse Andrea Garret; Dr. Huskins, * [UNPUBLISHED] * Appellees. * ___________ Submitted: October 16, 2009 Filed: October 26, 2009 ___________ Before BYE, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. In this civil action, Michael Van Vliet appeals following the District Court s1 denial of his motion to reconsider the order dismissing his complaint for failure to comply with the court s discovery order. The District Court entered the order denying Van Vliet s motion for reconsideration on March 17, 2008. Van Vliet filed his notice of appeal on April 17, 2008, thirty-one days later. We dismiss the appeal for lack of jurisdiction. See Fed. R. App. P. 4(a)(1)(A) (requiring parties to file notice of appeal within 30 days in most civil cases); Huggins v. FedEx Ground Package Sys., Inc., 566 1 The Honorable Jimm Larry Hendren, Chief Judge, United States District Judge for the Western District of Arkansas. F.3d 771, 773 (8th Cir. 2009) (noting appellate court's obligation to consider jurisdictional issues sua sponte where jurisdiction may be lacking). ______________________________ -2-
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