Harold Stanley v. Honorable Jack Grate

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 07-3728
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Harold R. Stanley, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Honorable Jack Grate; Lester Wight; *
Marcia E. Stanley, * [UNPUBLISHED]
*
Appellees. *
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Submitted: March 9, 2009
Filed: March 17, 2009
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Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
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PER CURIAM.
Harold Stanley appeals the district court’s1 dismissal of his civil rights
complaint. After careful review, we conclude that the court’s judgment was not a
final, appealable order because it did not dispose of the counterclaim raised by Marcia
Stanley in her answer. See 28 U.S.C. § 1291 (courts of appeals shall have jurisdiction
of appeals from all final decisions of district courts); Fed. R. Civ. P. 54(b) (any order
that adjudicates fewer than all claims does not end action as to any claims or parties);
1
The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
Miller v. Special Weapons, L.L.C., 369 F.3d 1033, 1034-35 (8th Cir. 2004) (noting
problems with allowing counterclaims that are “dead but undismissed” or are
substantively resolved by non-final orders, to proceed; dismissing appeal for lack of
jurisdiction where district court failed to rule on counterclaim even though it was
necessarily disposed of by summary judgment order); Thomas v. Basham, 931 F.2d
521, 522-23 (8th Cir. 1991) (jurisdictional issues will be raised sua sponte when there
is indication that jurisdiction is lacking; court lacked jurisdiction over appeal from
summary judgment order because defendant’s counterclaims were outstanding at time
of order).
Accordingly, we dismiss the appeal for lack of jurisdiction.
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