Opinion
No. 20-2312
03-17-2021
Brian Hutchcroft-Darling Plaintiff - Appellant v. Justin Boecker Defendant Jerry A. Vander Sanden Defendant - Appellee City of Cedar Rapids Defendant Linn County, Iowa Defendant - Appellee
Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids [Unpublished] Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges. PER CURIAM.
Brian Hutchcroft-Darling appeals following the district court's adverse grant of partial summary judgment in his civil rights action. Although the parties have not raised the issue, we conclude that we lack jurisdiction to entertain this appeal. See Huggins v. FedEx Ground Package Sys., Inc., 566 F.3d 771, 773 (8th Cir. 2009) (stating that where it appears jurisdiction is lacking, appellate courts are obligated to consider sua sponte jurisdictional issues). Specifically, there is no final judgment because Hutchcroft-Darling has claims still pending in the district court, see 28 U.S.C. § 1291 (stating that courts of appeals have jurisdiction of appeals from final decisions); Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991) (stating that an appeal was premature when some claims remained pending), and none of the exceptions to the final-judgment rule apply, see Huggins, 566 F.3d at 775 (interlocutory appeal under 28 U.S.C. § 1292(b)); Krein v. Norris, 250 F.3d 1184, 1187 (8th Cir. 2001) (collateral-order doctrine); Thomas, 931 F.2d at 523 (Fed. R. Civ. P. 54(b) certification). Accordingly, we dismiss the appeal as premature.
The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa. --------