United States v. Michael Gamboa

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 6, 2008
• Docket: 07-1225
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

Nos. 07-1225/1338 ___________

United States of America, * * Appellee, * * Appeals from the United States v. * District Court for the * District of North Dakota. Michael Gerald Gamboa, * * [UNPUBLISHED] Appellant. * ___________

Submitted: October 3, 2008 Filed: October 6, 2008 ___________

Before MURPHY, BYE, and BENTON, Circuit Judges. ___________

PER CURIAM.

In these consolidated appeals, Michael Gamboa challenges the district court’s1 initial failure to rule on his pro se post-judgment motions and its subsequent denial of his pro se motions. We dismiss Appeal No. 07-1225 for lack of appellate jurisdiction, because Gamboa filed his notice of appeal before a final order was entered. Cf. Waterson v. Hall, 515 F.3d 852, 853, 855-57 (8th Cir. 2008) (dismissing appeals for lack of jurisdiction when court concluded there was no final appealable order). As to

1 The Honorable Rodney S. Webb, United States District Judge for the District of North Dakota. Appeal No. 07-1338, we find no basis for reversal and accordingly affirm. See 8th Cir. R. 47B. ______________________________

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