Clara Fuller v. Alliant Energy , 283 F. App'x 426 ( 2008 )


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  •                       United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 06-4002
    ___________
    Clara Reece Fuller,                      *
    *
    Appellant,                  *
    * Appeal from the United States
    v.                                 * District Court for the Northern
    * District of Iowa.
    Alliant Energy,                          *
    * [UNPUBLISHED]
    Appellee.                   *
    ___________
    Submitted: June 23, 2008
    Filed: July 10, 2008
    ___________
    Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
    ___________
    PER CURIAM.
    Clara Reece Fuller, an African-American woman, appeals the district court’s1
    grant of summary judgment in favor of her former employer, Alliant Energy, on her
    claims of race, sex, and disability discrimination. Because we conclude that Fuller’s
    notice of appeal was untimely filed thirty-one days after the district court entered
    judgment, and the thirtieth day did not fall on a Saturday, Sunday, or legal holiday,
    we dismiss the appeal for lack of jurisdiction. See Fed. R. App. P. 4(a)(1)(A) (in civil
    cases, NOA must be filed within 30 days after entry of judgment or order), 26(a)
    1
    The Honorable Mark W. Bennett, United States District Judge for the Northern
    District of Iowa.
    (computation of time); Dill v. Gen. Am. Life Ins. Co., 
    525 F.3d 612
    , 619-20 (8th Cir.
    2008) (timely NOA is mandatory and jurisdictional); Dieser v. Cont’l Cas. Co., 
    440 F.3d 920
    , 923 (8th Cir. 2006) (court will raise jurisdictional issues sua sponte).
    ______________________________
    -2-
    

Document Info

Docket Number: 06-4002

Citation Numbers: 283 F. App'x 426

Judges: Murphy, Colloton, Shepherd

Filed Date: 7/10/2008

Precedential Status: Non-Precedential

Modified Date: 11/5/2024