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Leach v. Waterway Car Wash

United States Court of Appeals, Eighth Circuit
Mar 2, 2007
217 F. App'x 571 (8th Cir. 2007)

Summary

holding a pro se plaintiff's failure to comply with a court order warranted dismissal as a sanction

Summary of this case from Laws v. Norfolk S. Corp.

Opinion

No. 06-1931.

Submitted: February 27, 2007.

Filed: March 2, 2007.

Appeal from the United States District Court for the Western District of Missouri.

Laurence Leach, Kansas City, MO, pro se.

Ira Leonard Blank, Blumenfeld Kaplan, St. Louis, MO, for Appellee.

Before COLLOTON, MAGILL, and GRUENDER, Circuit Judges.


[UNPUBLISHED]


Laurence Leach appeals the district court's dismissal with prejudice of his civil complaint pursuant to Federal Rule of Civil Procedure 41(b). We construe Leach's notice of appeal as an implicit motion for leave to proceed in forma pauperis, and we grant Leach's request.

As to the merits, having carefully reviewed the record, we conclude that the district court did not abuse its discretion in dismissing the complaint. Leach failed to comply with the court's order instructing him to serve defendant and to file a return of service by a certain date, and the court had warned Leach that failure to comply would result in dismissal of his complaint. See Good Stewardship Christian Ctr. v. Empire Bank, 341 F.3d 794, 797 (8th Cir. 2003) (dismissal under Rule 41(b) reviewed for abuse of discretion); Farnsworth v. City of Kansas City, Mo., 863 F.2d 33, 34 (8th Cir. 1988) (per curiam) (pro se litigants are not excused from complying with court orders). We believe, however, that the district court's order should be modified to dismiss the action without prejudice, as Leach's conduct did not rise to the level of willful disobedience or intentional delay. See Good Stewardship Christian Ctr., 341 F.3d at 797. Accordingly, we affirm, but modify the dismissal to be without prejudice.


Summaries of

Leach v. Waterway Car Wash

United States Court of Appeals, Eighth Circuit
Mar 2, 2007
217 F. App'x 571 (8th Cir. 2007)

holding a pro se plaintiff's failure to comply with a court order warranted dismissal as a sanction

Summary of this case from Laws v. Norfolk S. Corp.

finding district court's order of dismissal should be modified to dismiss the pro se action without prejudice where the plaintiff's conduct did not rise to the level of willful disobedience or intentional delay

Summary of this case from Reger v. Wilhite

finding district court's order of dismissal should be modified to dismiss the pro se action without prejudice where the plaintiff's conduct did not rise to the level of willful disobedience or intentional delay

Summary of this case from Burke v. Home Depot

affirming dismissal of complaint pursuant to Rule 41(b), but finding that plaintiff's conduct did not arise to level of willful disobedience or intentional delay, the court modified the dismissal to be without prejudice

Summary of this case from Benford v. Grisham

affirming dismissal of complaint pursuant to Rule 41(b), but finding that plaintiff's conduct did not arise to level of willful disobedience or intentional delay, the court modified the dismissal to be without prejudice

Summary of this case from McClain v. Astrue

affirming dismissal of complaint pursuant to Rule 41(b), but finding that plaintiff's conduct did not arise to level of willful disobedience or intentional delay, the court modified the dismissal to be without prejudice

Summary of this case from Jones v. Astrue

affirming dismissal of complaint pursuant to Rule 41(b), but finding that plaintiff's conduct did not arise to level of willful disobedience or intentional delay, the court modified the dismissal to be without prejudice

Summary of this case from Jones v. Hertz Corp.

affirming dismissal of complaint pursuant to Rule 41(b), but finding that plaintiff's conduct did not arise to level of willful disobedience or intentional delay, the court modified the dismissal to be without prejudice

Summary of this case from Brune v. Glenn

affirming dismissal of complaint pursuant to Rule 41(b), but finding that plaintiff's conduct did not arise to level of willful disobedience or intentional delay, the court modified the dismissal to be without prejudice

Summary of this case from Jones v. Hertz Corporation
Case details for

Leach v. Waterway Car Wash

Case Details

Full title:Laurence LEACH, Appellant, v. WATERWAY CAR WASH, Appellee

Court:United States Court of Appeals, Eighth Circuit

Date published: Mar 2, 2007

Citations

217 F. App'x 571 (8th Cir. 2007)

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