Bennett-Charles Formanack v. Stillwater Towing Inc., No. 18-1344 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Benton and Shepherd, Circuit Judges] Civil case. Appellant's notice of appeal did not designate the order, judgment or part thereof he was appealing, and the appeal is dismissed for lack of appellate jurisdiction. [ October 22, 2018
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1344 ___________________________ Bennett-Charles Formanack lllllllllllllllllllllPlaintiff - Appellant v. Stillwater Towing Inc.; Richard J. Ritzer; Michelle Ritzer; Kevin Last Name Unknown lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: October 17, 2018 Filed: October 24, 2018 [Unpublished] ____________ Before LOKEN, BENTON, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. In this diversity action, Bennett-Charles Formanack seeks to appeal after the district court1 dismissed his complaint for lack of subject-matter jurisdiction, and 1 The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota. denied his postjudgment motions. After careful review, we dismiss the appeal for lack of appellate jurisdiction, because Formanack’s notice of appeal did not designate the order, judgment, or part thereof that he was appealing. See Fed. R. App. P. 3(c)(1)(B) (notice of appeal must designate judgment, order, or part thereof being appealed); Smith v. Barry, 502 U.S. 244, 248 (1992) (Rule 3 requirements are jurisdictional). We also deny as moot Formanack’s pending motion to suppress. ______________________________ -2-
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