Opinion
No. 07-3210.
Submitted: July 31, 2009.
Filed: August 5, 2009.
Appeal from the United States District Court for the Eastern District of Missouri.
Michelle Whitaker Smith, Michelle Smith Legal Ministry, Saint Louis, MO, for Appellant.
John Frederick Kuenstler, Douglas M. Oldham, Barnes Thornburg, Chicago, IL, for Appellee.
Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
[UNPUBLISHED]
William Calhoun appeals the district court's order dismissing his employment-discrimination suit, in part because he failed to disclose the action in bankruptcy filings. Following careful review, we find no abuse of discretion in the application of judicial estoppel to Calhoun's claim. See Stallings v. Hussmann Corp., 447 F.3d 1041, 1046 (8th Cir. 2006) (standard of review). We decline Calhoun's request to modify the dismissal to be without prejudice, given that a without-prejudice dismissal would serve no purpose because Calhoun is estopped from pursuing his action in the future. See Paulucci v. City of Duluth, 826 F.2d 780, 782-83 (8th Cir. 1987).
The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri.
Accordingly, we affirm. See 8th Cir. R. 47B.