Virgil O. Hooker v. Bentley E. Story

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 10, 1999
• Docket: 98-2278
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 98-2278 ___________

Virgil O. Hooker; Dora E. Hooker; * David O. Hooker; Gloria J. Hooker, * * Appellants, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas Bentley E. Story, * * [UNPUBLISHED] Appellee. * ___________

Submitted: October 6, 1998

Filed: August 10, 1999 ___________

Before McMILLIAN, RICHARD S. ARNOLD, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Virgil O. Hooker, Dora E. Hooker, David O. Hooker, and Gloria J. Hooker appeal from the final judgment entered in the District Court1 for the Eastern District of Arkansas dismissing their 42 U.S.C. § 1983 action against Arkansas Chancery Judge Bentley E. Story, and from orders denying various postjudgment motions. This court

1 The Honorable Susan Webber Wright, Chief Judge, United States District Court for the Eastern District of Arkansas. has already affirmed the dismissal of this action, see Hooker v. Story, No. 98-1658, 141 F.3d 1168 (table), 1998 WL 166496 (8th Cir. Apr. 7, 1998) (unpublished per curiam), and the filing of the earlier notice of appeal divested the district court of jurisdiction over subsequently filed pleadings, see Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (per curiam). Accordingly, the district court properly denied relief, and we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

-2-