Jerry D. Brumbaugh v. Chief Justice John G. Roberts

United States Court of Appeals
For the Eighth Circuit
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No. 13-1126
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Jerry D. Brumbaugh,
lllllllllllllllllllll Plaintiff - Appellant,
v.
Chief Justice John G. Roberts; Justice Stephen G. Breyer; Justice Samuel Alito;
Justice Ruth Bader Ginsburg; Justice Anthony Kennedy; Justice Clarence Thomas;
Justice John Paul Stevens; Justice David H. Souter; Justice Antonin Scalia,
lllllllllllllllllllll Defendants - Appellees.
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: March 12, 2013
Filed: April 1, 2013
[Unpublished]
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Before MURPHY, SMITH, and COLLOTON, Circuit Judges.
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PER CURIAM.

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Robert Brumbaugh appeals after the district court1 dismissed his pro se
complaint and denied his motions for reconsideration. Having carefully reviewed the
record, we conclude that Brumbaugh’s notice of appeal (NOA) was timely only as to
the district court’s January 2013 orders denying two of his motions for
reconsideration, see United States v. Watson, 623 F.3d 542, 545 (8th Cir. 2010) (NOA
time limits are jurisdictional); Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir.
2006) (court can raise jurisdiction sua sponte when there is indication jurisdiction is
lacking), and we further conclude that the district court did not abuse its discretion in
denying those motions, see In re Guidant Corp. Implantable Defibrillators Prod. Liab.
Litig., 496 F.3d 863, 866 (8th Cir. 2007) (abuse-of-discretion standard of review).
Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Brumbaugh’s
motion for appointment of counsel.
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1The Honorable Richard E. Dorr, United States District Judge for the Western
District of Missouri.
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