Dwight Alexander v. Bayview Loan Servicing, No. 11-1615 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil case - Appellate Procedure. Timely motions to vacate remained pending in the district court, and the appeal must be dismissed for lack of jurisdiction.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1615 ___________ Dwight Alexander, Appellant, v. Bayview Loan Servicing, LLC, Appellee. * * * * Appeal from the United States * District Court for the * Eastern District of Arkansas. * * [UNPUBLISHED] * ___________ Submitted: November 7, 2011 Filed: November 16, 2011 ___________ Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Dwight Alexander appeals the district court s1 dismissal without prejudice of his civil action. Because Alexander s timely motions to vacate remain pending in the district court, his notice of appeal is not yet effective. See Fed. R. App. P. 4(a)(4)(B)(i). Accordingly, we dismiss this appeal for lack of jurisdiction, without prejudice to appellant s timely filing of a new notice of appeal after the district court rules on his pending motions. See Parkus v. Delo, 985 F.2d 425, 426 (8th Cir. 1993). We deny as moot Alexander s motion to supplement the record on appeal. ______________________________ 1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas.
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