Teresa Polite v. Arkansas Dept of Correction, No. 09-1269 (8th Cir. 2010)
Annotate this CaseCourt Description: Civil case - civil rights. Dismissal affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1269 ___________ Teresa Polite, * * Appellant, * Appeal from the United States * District Court for the Eastern v. * District of Arkansas. * Arkansas Department of Correction, * [UNPUBLISHED] * Appellee. * ___________ Submitted: January 4, 2010 Filed: January 12, 2010 ___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Teresa Polite appeals the district court s1 dismissal without prejudice of her civil rights action for failure to comply with a court order. Upon careful review, we conclude that the district court did not abuse its discretion in dismissing the action. See Fed. R. Civ. P. 37(b)(2), 41(b); Doe v. Cassel, 403 F.3d 986, 990 (8th Cir. 2005) (per curiam) (Rule 41(b) dismissal); Hairston v. Alert Safety Light Prods., Inc., 307 F.3d 717, 718-19 (8th Cir. 2002) (Rule 37(b) dismissal). We also decline to consider 1 The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas. the arguments raised for the first time on appeal. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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