Opinion

Brown v. Robbins

  • 60 F.3d 830
  • 1995 U.S. App. LEXIS 25414
  • 1995 WL 396385
Court
Court of Appeals for the Eighth Circuit
Filed
Jul 6, 1995
Status
Published
Cited by
0 cases
Authority
More cited than 21.3%

The opinion

60 F.3d 830

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.

Clarence BROWN, Appellant,

v.

David ROBBINS, St. Louis City Police Commissioner; Colonel

James F. Conway; Colonel Nesby Moore, Jr.; Colonel Rita M.

Krapf; Mayor Vincent C. Schoemehl, Jr., in their official

capacities as members of the Board of St. Louis Police

Commissioners and collectively as the St. Louis Board of

Police Commissioners, Appellees.

No. 94-4095

United States Court of Appeals,

Eighth Circuit.

Submitted: May 29, 1995

Filed: July 6, 1995

Before LOKEN, HANSEN, and MURPHY, Circuit Judges.

PER CURIAM.

1

Clarence Brown appeals from the district court's order denying his motion to reopen his previously-settled age discrimination action. We dismiss the appeal for lack of jurisdiction, because Brown filed his notice of appeal more than thirty days after the district court's judgment. The district court had no authority to grant Brown leave to file his untimely notice of appeal in the absence of a motion for leave to file, or notice to the other parties. See Federal Rule of Appellate Procedure 4(a)(1), (5); Hable v. Pairolero, 915 F.2d 394, 395 (8th Cir. 1990); Malone v. Avenenti, 850 F.2d 569, 572-73 (9th Cir. 1988); Campbell v. White, 721 F.2d 644, 647 (8th Cir. 1983).

2

Accordingly, the appeal is dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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