Andrew Ciesla v. C. Christian , 690 F. App'x 456 ( 2017 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-2107
___________________________
Andrew Ciesla
lllllllllllllllllllll Plaintiff - Appellant
v.
C. B. Christian, Trooper
lllllllllllllllllllll Defendant - Appellee
D. McDaniel, Officer; Pemiscot County, Missouri; City of Hayti, Missouri
lllllllllllllllllllll Defendants
____________
Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
____________
Submitted: March 28, 2017
Filed: June 8, 2017
[Unpublished]
____________
Before SHEPHERD, MURPHY, and KELLY, Circuit Judges.
____________
PER CURIAM.
Andrew Ciesla appeals following the district court’s1 adverse grant of summary
judgment in his 42 U.S.C. § 1983 action. The district court entered its separate
judgment on March 30, 2016, and Ciesla filed his notice of appeal on Saturday, April
30, 2016--more than 30 days later. See Fed. R. App. P. 4(a)(1)(A) (in civil case,
notice of appeal must be filed within 30 days after entry of judgment or order
appealed from). This court therefore lacks appellate jurisdiction over this untimely
appeal. See Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir. 2006)
(requirement of timely notice of appeal is mandatory and jurisdictional; federal court
will raise jurisdictional issues sua sponte).
Accordingly, we dismiss the appeal.
______________________________
1
The Honorable Abbie Crites-Leoni, United States Magistrate Judge for the
Eastern District of Missouri, to whom the case was referred for final disposition by
consent of the parties pursuant to 28 U.S.C. § 636(c).
-2-