John Andrew Mattingly Wilma Jean Mattingly v. Farmers State Bank

OPINION

This is an appeal from the judgment of the district court entered on January 26, 1998, dismissing this civil rights action as frivolous pursuant to 28 U.S.C. § 1915(e). The notice of appeal filed in the district court on February 2, 1998 was not signed by either John Andrew Mattingly or Wilma Jean Mattingly.

The fact that the notice of appeal was not signed raises a jurisdictional issue. An appellate court has a duty to consider sua sponte whether appellate jurisdiction is properly invoked. Liberty Mut. Ins. Co. v. Wetzel, 424 U.S. 737, 740, 96 S.Ct. 1202, 47 L.Ed.2d 435 (1976).…