John D. Fouts v. John Pierpont
This text of 23 F. App'x 603 (John D. Fouts v. John Pierpont) 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.
Opinion
John D. Fouts appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 lawsuit. We dismiss the appeal for lack of jurisdiction. Fouts moved the district court for an extension of time to file an appeal more than thirty days following entry of judgment, and thus Fouts was required to give defendants notice. See Fed. R.App. P. 4(a)(5)(B). Because he did not, the district court lacked authority to grant the extension, and Fouts’s ensuing notice of appeal was untimely. See Hable v. Pairolero, 915 F.2d 394, 394-95 (8th Cir.1990) (district court lacked jurisdiction to order extension where party filed motion more than 30 days after judgment and failed to notify opposing parties).
Accordingly, the appeal is dismissed.
. The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri.
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23 F. App'x 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-d-fouts-v-john-pierpont-ca8-2001.