FORMANACK v. STILLWATER TOWING INC (2018)

United States Court of Appeals, Eighth Circuit.

Bennett-Charles FORMANACK Plaintiff-Appellant v. STILLWATER TOWING INC.; Richard J. Ritzer; Michelle Ritzer; Kevin Last Name Unknown Defendants-Appellees

No. 18-1344

Decided: October 24, 2018

Before LOKEN, BENTON, and SHEPHERD, Circuit Judges. Amanda Lea Reichek, Esq., Cole Reichek, P.L.L.C., Dallas, TX, for Plaintiff-Appellant Bryan Patrick Neal, Katy Mathews, Thompson & Knight, L.L.P., Dallas, TX, for Defendant-Appellee

[Unpublished]

In this diversity action, Bennett-Charles Formanack seeks to appeal after the district court ¹ dismissed his complaint for lack of subject-matter jurisdiction, and denied his postjudgment motions. After careful review, we dismiss the appeal for lack of appellate jurisdiction, because Formanack’s notice of appeal did not designate the order, judgment, or part thereof that he was appealing. See Fed. R. App. P. 3(c)(1)(B) (notice of appeal must designate judgment, order, or part thereof being appealed); Smith v. Barry, 502 U.S. 244, 248, 112 S.Ct. 678, 116 L.Ed.2d 678 (1992) (Rule 3 requirements are jurisdictional). We also deny as moot Formanack’s pending motion to suppress.

FOOTNOTES

1.   The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.

PER CURIAM.