City of Shorewood v. Ronald Johnson

Eighth Circuit

City of Shorewood v. Ronald Johnson

500 F. App'x 556

CourtCourt of Appeals for the Eighth Circuit

DecidedMarch 28, 2013

Docket12-3020

StatusUnpublished

This text of 500 F. App'x 556 (City of Shorewood v. Ronald Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Shorewood v. Ronald Johnson, 500 F. App'x 556 (8th Cir. 2013).

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Opinion

PER CURIAM.

Ronald and Dee Johnson seek to appeal various orders entered by the district court. 1 The Johnsons’ notice of appeal (NOA) was filed August 24, 2012, thirty-one days after the district court entered the final such order on July 24. Therefore, the NOA was untimely as to all the orders for which the Johnsons seek review. See Fed. R.App. P. 4(a)(1)(A) (NOA in civil case must be filed within 30 days after judgment or order appealed is entered); Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir.2006) (jurisdictional issues will be raised sua sponte if there is indication jurisdiction is lacking; timely NOA is mandatory and jurisdictional); see also In re Cook, 928 F.2d 262, 263 (8th Cir.1991) (per curiam) (writ of mandamus is not substitute for appeal). Accordingly, we dismiss this appeal for lack of jurisdiction, and we deny the Johnsons’ pending motions as moot.

1

. The Honorable John R. Tunheim, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Janie S. Mayeron, United States Magistrate Judge for the District of Minnesota.

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PER CURIAM.

Ronald and Dee Johnson seek to appeal various orders entered by the district court. 1 The Johnsons’ notice of appeal (NOA) was filed August 24, 2012, thirty-one days after the district court entered the final such order on July 24. Therefore, the NOA was untimely as to all the orders for which the Johnsons seek review. See Fed. R.App. P. 4(a)(1)(A) (NOA in civil case must be filed within 30 days after judgment or order appealed is entered); Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir.2006) (jurisdictional issues will be raised sua sponte if there is indication jurisdiction is lacking; timely NOA is mandatory and jurisdictional); see also In re Cook, 928 F.2d 262, 263 (8th Cir.1991) (per curiam) (writ of mandamus is not substitute for appeal). Accordingly, we dismiss this appeal for lack of jurisdiction, and we deny the Johnsons’ pending motions as moot.

1

. The Honorable John R. Tunheim, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Janie S. Mayeron, United States Magistrate Judge for the District of Minnesota.

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Bluebook (online)

500 F. App'x 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-shorewood-v-ronald-johnson-ca8-2013.

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