Forest D. Trotter v. Glenn Lopate

U.S. Court of Appeals for the Eighth Circuit
Forest D. Trotter v. Glenn Lopate, 56 F. App'x 758 (8th Cir. 2003)
McMILLIAN, Melloy, Per Curiam, Smith

Forest D. Trotter v. Glenn Lopate

Opinion

PER CURIAM.

Forest Trotter appeals the district court’s 1 order granting defendant Glenn Lopate’s motion to dismiss plaintiffs complaint. Having carefully reviewed the record, we conclude that the district court did not abuse its discretion in dismissing the complaint with prejudice as a sanction for Trotter’s failure to comply with the court’s order, given the indications in the record that Trotter’s non-compliance was willful and that defendant Lopate was prejudiced as a result. See Fed.R.Civ.P. 37(b)(2)(C); Keefer v. Provident Life & Accident Ins. Co., 238 F.3d 937, 940 (8th Cir. 2000); cf. *759 Lorin Corp. v. Goto & Co., 700 F.2d 1202, 1202-04, 1208 (8th Cir. 1983) (no abuse of discretion in dismissing with prejudice where, after court issued order compelling discovery, plaintiff provided incomplete answers to interrogatories and produced only small fraction of requested documents).

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Donald J. Slohr, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
Forest D. TROTTER, Appellant, v. Glenn LOPATE, Dr.; Lavert Morrow; Princess Keaton; Carol Gelert; Delores M. Elam; Kenneth I. Henderson; Warren L. Henderson; Yvonne W. Tomlin; Lorna B. Warren, Appellees
Status
Unpublished