James E. Thompson v. Butte County, SD, No. 14-2278 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil case - Appellate Procedure. Plaintiff's notice of appeal was untimely and the appeal is dismissed for lack of jurisdiction. [ November 14, 2014
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-2278 ___________________________ James E. Thompson lllllllllllllllllllll Plaintiff - Appellant v. Butte County, SD as respondent superior for Butte County Officials; 5 John Doe Commissioners; Butte County Sheriff Fred Lamphere; Butte County Deputy Gary Bruner; Butte County Deputy Tristan Clements; Butte County Deputy Doug Parrow; Butte County State’s Attorney Heather Plunkett; Butte County Ass’t. State’s Attorney Timothy Vanderheide lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of South Dakota - Rapid City ____________ Submitted: November 12, 2014 Filed: November 17, 2014 [Unpublished] ____________ Before WOLLMAN, BYE, and MELLOY, Circuit Judges. ____________ PER CURIAM. James Thompson appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 action seeking damages for the removal of his automobiles from land that he leased. Following careful review of the record, we find that Thompson’s notice of appeal (NOA) was untimely by one day because he filed it on May 23, thirty-one days after the district court entered judgment on April 22, 2014, and the thirtieth day did not fall on a Saturday, Sunday, or legal holiday. See Fed. R. App. P. 4(a)(1) (NOA must be filed within 30 days after entry of judgment); Fed. R. App. P. 26(a) (computation of time); Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir. 2006) (timely NOA is mandatory and jurisdictional; court will raise jurisdictional issues sua sponte). Accordingly, we dismiss the appeal for lack of jurisdiction. ______________________________ 1 The Honorable Jeffrey L. Viken, Chief Judge, United States District Court for the District of South Dakota, adopting the report and recommendations of the Honorable Veronica L. Duffy, United States Magistrate Judge for the District of South Dakota. -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
