United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-2713 ___________ Dean Russell Clark, * * Appellant, * * Appeal from the United States v. * District Court for the District * of Minnesota.

St. Paul Police Department, sued as * City of St. Paul Police, * [UNPUBLISHED] * Appellee. * ___________ Submitted: January 5, 1998 Filed: January 9, 1998 ___________ Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges. ___________ PER CURIAM.

Dean Russell Clark appeals from the district court&s1 order dismissing his civil rights action with prejudice pursuant to Fed. R. Civ. P. 37(d) and 41(b). After careful review of the record we conclude that the district court did not abuse its discretion in

The HONORABLE JAMES M. ROSENBAUM, United States District Judge for the District of Minnesota, adopting the report and recommendations of the HONORABLE FRANKLIN L. NOEL, United States Magistrate Judge for the District of Minnesota. dismissing the action for the reasons it stated. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

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

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