United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-1844 ___________ Robert B. DePugh, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri.

Willis Swearingin, * * [UNPUBLISHED] Appellee. * ___________ Submitted: September 30, 1997 Filed: October 3, 1997 ___________ Before FAGG, BOWMAN, and MURPHY, Circuit Judges. ___________ PER CURIAM.

Robert B. DePugh appeals from the District Court&s1 order dismissing his 42 U.S.C. § 1983 (1994) action with prejudice pursuant to Federal Rules of Civil Procedure 41(b) and 37(b). Upon review of the record and the

The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri. parties& briefs, we find no abuse of discretion.

Accordingly, we affirm without further discussion. See 8th Cir. R. 47B.

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Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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