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Farnsworth v. City of Kansas

United States Court of Appeals, Eighth Circuit
Dec 19, 1988
863 F.2d 33 (8th Cir. 1988)

Summary

upholding dismissal of complaint where pro se litigant failed to cooperate in scheduling discovery

Summary of this case from Kabanuk v. City of Harris

Opinion

No. 88-1978.

Submitted December 5, 1988.

Decided December 19, 1988. Rehearing and Rehearing En Banc Denied February 15, 1989.

Garland Farnsworth and John L. Johnson, pro se.

Robert M. Sommers, Kansas City, Mo., for appellees.

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

Before McMILLIAN, JOHN R. GIBSON and MAGILL, Circuit Judges.


Garland Farnsworth and John Johnson appeal pro se from the order of the district court sua sponte dismissing with prejudice their civil rights action for failure to comply with the district court's orders to cooperate with appellees in preparing a discovery schedule. For reversal, appellants argue (1) the district court abused its discretion in dismissing their action with prejudice; (2) the district court erred in mooting appellants' motion for a protective order and awarding attorneys' fees to appellees for appellants' failure to attend scheduled depositions; and (3) the district court's bias against appellants denied them due process. We affirm.

The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri.

Pro se litigants are not excused from complying with court orders or substantive and procedural law. Burgs v. Sissel, 745 F.2d 526, 528 (8th Cir. 1984) (per curiam). A district court's dismissal as a sanction under Federal Rule of Civil Procedure 37 for failure to comply with a discovery order is reviewed under an abuse of discretion standard. National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639, 642, 96 S.Ct. 2778, 2780, 49 L.Ed.2d 747 (1976) (per curiam); Hazen v. Pasley, 768 F.2d 226, 229 (8th Cir. 1985).

After carefully reviewing the record on appeal, we note that the district court gave appellants meaningful notice of what was expected of them during the course of discovery, initially imposed less stringent sanctions when they failed to cooperate, and warned them that their failure to comply with subsequent court orders would result in dismissal of their action. Accordingly, we hold that dismissal was proper. See Ramsay v. Bailey, 531 F.2d 706, 709 (5th Cir. 1976) (per curiam).

We further hold that the district court did not abuse its discretion in awarding to appellees attorneys' fees after appellants failed to attend their properly-noticed depositions. See Fed.R.Civ.P. 37(d); King v. Fidelity Nat. Bank, 712 F.2d 188, 191 (5th Cir. 1983) (per curiam), cert. denied, 465 U.S. 1029, 104 S.Ct. 1290, 79 L.Ed.2d 692 (1984).

Finally, appellants' allegations of district court bias and prejudice are wholly unfounded.

Accordingly, the district court's judgment is affirmed.


Summaries of

Farnsworth v. City of Kansas

United States Court of Appeals, Eighth Circuit
Dec 19, 1988
863 F.2d 33 (8th Cir. 1988)

upholding dismissal of complaint where pro se litigant failed to cooperate in scheduling discovery

Summary of this case from Kabanuk v. City of Harris

affirming the district court's decision to dismiss the matter because the court gave the pro se litigants "meaningful notice of what was expected of them during the course of discovery, initially imposed less stringent sanctions when they failed to cooperate, and warned them that their failure to comply with subsequent orders would result in dismissal of their action."

Summary of this case from Black v. Results Cos.

affirming the dismissal of a pro se plaintiffs' case after the district court took steps to warn plaintiffs of the consequences of not complying and to ensure plaintiffs understood what was expected of them during the course of discovery

Summary of this case from Gilbert v. Nationstar Mortg. LLC

affirming dismissal where district court gave appellants meaningful notice of what was expected of them during the course of discovery, initially imposed less stringent sanctions when they failed to cooperate, and warned them that their failure to comply with subsequent court orders would result in dismissal of their action

Summary of this case from Hayes v. Fed. Reserve Bank of St. Louis

affirming dismissal where district court gave plaintiffs meaningful notice of what was expected of them during the course of discovery, initially imposed less stringent sanctions, and warned plaintiffs that their failure to comply with subsequent court orders could result in dismissal of their action

Summary of this case from Shaw v. Int'l Bus. Machs. Corp.

affirming dismissal of pro se civil right plaintiffs case after district court took steps to warn plaintiffs of the consequences of not comply and to ensure plaintiffs understood what was expected of them during the course of discovery

Summary of this case from White v. Block
Case details for

Farnsworth v. City of Kansas

Case Details

Full title:GARLAND FARNSWORTH AND JOHN L. JOHNSON, APPELLANTS, v. CITY OF KANSAS…

Court:United States Court of Appeals, Eighth Circuit

Date published: Dec 19, 1988

Citations

863 F.2d 33 (8th Cir. 1988)

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