John Kurz v. United States, No. 19-2985 (8th Cir. 2020)

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Court Description: [Per Curiam - Before Colloton, Wollman and Benton, Circuit Judges] Civil case. Order dismissing complaint seeking to enjoin collection of Kurz's unpaid income taxes was properly dismissed.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2985 ___________________________ John M. Kurz, lllllllllllllllllllllPlaintiff - Appellant, v. United States of America, lllllllllllllllllllllDefendant - Appellee. ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: August 18, 2020 Filed: August 21, 2020 [Unpublished] ____________ Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges. ____________ PER CURIAM. John Kurz appeals the district court’s1 dismissal, for lack of subject matter jurisdiction, of his suit seeking to enjoin the collection of his unpaid federal income 1 The Honorable Charles A. Shaw, late a United States District Judge for the Eastern District of Missouri. taxes. Having carefully reviewed the record and Kurz’s arguments on appeal, we conclude the court did not err in dismissing the complaint. Kurz’s challenges to the denials of his post-dismissal motions are not properly before this court because Kurz did not file a new or amended notice of appeal as to those orders, and we therefore decline to address them. See Fed. R. App. P. 4(a)(4)(B)(ii). Accordingly, we affirm, see 8th Cir. R. 47B, and we deny the pending appellate motions. ______________________________ -2-

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