Dickinson v. Ridlon

U.S. Court of Appeals for the First Circuit

Dickinson v. Ridlon

Opinion

USCA1 Opinion









October 10, 1996 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

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No. 96-1693

NORMAN E. DICKINSON,

Plaintiff, Appellant,

v.

WESLEY RIDLON, ET AL.,

Defendants, Appellees.


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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Morton A. Brody, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Selya and Stahl, Circuit Judges. ______________

____________________

Norman E. Dickinson on brief pro se. ___________________
Monaghan, Leahy, Hochadel, & Libby, William R. Fisher, and Ivy L. __________________________________ __________________ ______
Frignoca on brief for appellees. ________


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Per Curiam. The magistrate-judge's denial of ___________

appellant's motion to postpone the final pretrial conference

was tantamount to an order to appear at that conference.

Appellant thereafter was not justified in failing to appear

regardless whether appellant subjectively felt prepared for

the conference or not. In these circumstances, the court

did not abuse its discretion when appellant failed to attend

the April 8, 1996 conference. That appellant was not

expressly advised that failure to appear could result in

dismissal does not require a different result. Any belief on

appellant's part that he could flout the scheduling order in

the manner he did was completely unjustified.

Affirmed. Loc. R. 27.1. ________



























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Reference

Status
Published