Peter Rickmyer v. Michael (Kip) Browne

587 F. App'x 354

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 30, 2014
• Docket: 14-2012, 14-2013
• Status: Unpublished

Opinion

PER CURIAM.

In these consolidated appeals, Peter Riekmyer challenges the district court’s 1 orders granting summary judgment in favor of defendant William McDonald, dismissing without prejudice the claims against defendant David Schooler, dismissing with prejudice the claims against all other defendants, denying leave to amend, and imposing sanctions in the amount of $5,000 against him under Federal Rule of Civil Procedure ll. 2 After careful review, we affirm for the reasons stated by the district court. See 8th Cir. R. 47B. The pending motions are denied.

1 . The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Leo I. Brisbois, United States Magistrate Judge for the District of Minnesota.

2 . We dismiss Appeal No. 14-2012 as premature because Riekmyer filed his notice of appeal before a final judgment was entered, and the merits of the appeal are before this court in Appeal No. 14-2013. See 28 U.S.C. § 1291 (appellate jurisdiction over final judgments); Hallquist v. United Home Loans, Inc., 715 F.3d 1040, 1044 (8th Cir.2013) (court liberally construes notices of appeal and has jurisdiction over underlying order if appellant’s intent to challenge it is clear, and adverse party will suffer no prejudice).