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U.S. v. Thomas

United States Court of Appeals, Eighth Circuit
May 22, 2009
329 F. App'x 49 (8th Cir. 2009)

Opinion

Nos. 07-3652, 08-1252, 08-2094.

Submitted: May 7, 2009.

Filed: May 22, 2009.

Appeals from the United States District Court for the Eastern District of Arkansas.

Earl Fletcher Jackson, U.S. Attorney's Office, Little Rock, AR, for Appellee.

Larry Thomas, Earle, AR, pro se.

Rosie Lee Thomas, Earle, AR, pro se.

Before RILEY, SMITH, and BENTON, Circuit Judges.


[UNPUBLISHED]


Larry and Rosie Lee Thomas appeal from the district court's adverse grant of summary judgment as well as its denials of their post-judgment motions to quash a writ of assistance and for other relief. On appeal, they argue that the district court lacked subject matter jurisdiction. Upon de novo review, see Myers v. Richland County, 429 F.3d 740, 745 (8th Cir. 2005), we conclude that the court had jurisdiction under 28 U.S.C. § 1345. Finally, we find no basis for reversing the district court's denials of appellants' post-judgment motions. Cf. Lara v. Sec'y of Interior, 820 F.2d 1535, 1542-43 (9th Cir. 1987) (district court may issue orders pending appeal to enforce judgment).

The Honorable G. Thomas Eisele, United States District Judge for the Eastern District of Arkansas.

In particular, we find no merit to appellants' jurisdictional argument that is apparently based on Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), aff'd, 206 F.3d 1212 (D.C. Cir. 2000).

Accordingly, we affirm in each of these three consolidated appeals. See 8th Cir. R. 47B. Appellants' pending motion for contempt is denied.


Summaries of

U.S. v. Thomas

United States Court of Appeals, Eighth Circuit
May 22, 2009
329 F. App'x 49 (8th Cir. 2009)
Case details for

U.S. v. Thomas

Case Details

Full title:UNITED STATES of America, Appellee, v. Larry THOMAS, Husband; Rosie Lee…

Court:United States Court of Appeals, Eighth Circuit

Date published: May 22, 2009

Citations

329 F. App'x 49 (8th Cir. 2009)