William Calhoun v. Wal-Mart

U.S. Court of Appeals for the Eighth Circuit
William Calhoun v. Wal-Mart, 330 F. App'x 119 (8th Cir. 2009)
Colloton, Murphy, Per Curiam, Shepherd

William Calhoun v. Wal-Mart

Opinion

PER CURIAM.

William Calhoun appeals the district court’s 1 order dismissing his employment- *120 discrimination suit, in part because he failed to disclose the action in bankruptcy filings. Following careful review, we find no abuse of discretion in the application of judicial estoppel to Calhoun’s claim. See Stallings v. Hussmann Corp., 447 F.3d 1041, 1046 (8th Cir. 2006) (standard of review). We decline Calhoun’s request to modify the dismissal to be without prejudice, given that a without-prejudice dismissal would serve no purpose because Calhoun is estopped from pursuing his action in the future. See Paulucci v. City of Duluth, 826 F.2d 780, 782-88 (8th Cir. 1987).

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

1

. The Honorable Catherine D. Perry, Chief judge, United States District Court for the *120 Eastern District of Missouri.

Reference

Full Case Name
William CALHOUN, Appellant, v. WAL-MART, Appellee
Cited By
1 case
Status
Unpublished