8th Cir. R. 47A: Summary Disposition
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Title VII. General Provisions
(a) On Motion of Court. The court on its own motion may summarily dispose of any appeal without notice. However, in an in forma pauperis appeal in which a certificate of appealability has been issued, the court will afford 14 days’ notice before entering summary disposition if the briefs have not been filed.
The court will dismiss the appeal if it is not within the court's jurisdiction or is frivolous and entirely without merit. The court may affirm or reverse when the questions presented do not require further consideration.
The court in its discretion, with or without further explanation, may enter either of the following orders: “AFFIRMED. See 8th Cir. R. 47A(a)”; or “ENFORCED. See 8th Cir. R. 47A(a).”
(b) On Motion of Parties. The appellee may file a motion to dismiss a docketed appeal on the ground the appeal is not within the court's jurisdiction. Except for good cause or on the motion of the court, a motion to dismiss based on jurisdiction must be filed within 14 days after the court has docketed the appeal.
On expiration of the time allowed for filing or express waiver of the right to file a response, or on receipt of the response, the clerk will distribute to the court the briefs filed, the record on appeal, and the motion and response. The court will consider the motion and enter an appropriate order.
Except as the court orders, the filing of a motion to dismiss does not toll the time limitations set forth in the Federal Rules of Appellate Procedure or these rules.