Michael Woolman v. Time Warner, No. 13-3079 (8th Cir. 2013)

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Court Description: Civil case. The district court acted within its discretion when it dismissed plaintiff's complaint without prejudice for failure to comply with an order to file an amended complaint by a date certain Home | Contact Us | Employment | Glossary of Legal Terms | Site Map | RSS Privacy Policy|BrowseAloud

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3079 ___________________________ Michael Brian Woolman lllllllllllllllllllll Plaintiff - Appellant v. Time Warner; Facebook.com lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: November 27, 2013 Filed: December 2, 2013 [Unpublished] ____________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Michael Woolman appeals the district court s1 dismissal of his pro se action for failure to prosecute and to comply with a court order. We conclude that the court was 1 The Honorable Laurie Smith Camp, Chief Judge, United States District Court for the District of Nebraska. well within its discretion to dismiss the action, because Woolman failed to comply with the court s order to file an amended complaint by a certain date, and the court had expressly warned Woolman that failure to comply would result in the dismissal of his claims. Further, the dismissal was without prejudice. See Fed. R. Civ. P. 41(b); Schooley v. Kennedy, 712 F.2d 372, 374 (8th Cir. 1983) (per curiam) (lesser sanction of dismissal without prejudice militates against finding that court abused its discretion in dismissing under Rule 41(b)). Accordingly, we affirm, see 8th Cir. R. 47B, and we deny as moot the pending motion for discovery. ______________________________ -2-

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