Kalvin Loyd v. James Corwin, No. 14-2897 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Gruender, Benton and Kelly, Circuit Judges] Civil case - Civil procedure. The district court did not abuse its discretion by dismissing this civil rights complaint for failure to prosecute.
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-2897 ___________________________ Kalvin M. Loyd; Patricia Loyd lllllllllllllllllllll Plaintiffs - Appellants Kaltrice Loyd; Patrick Loyd, by and through Next Friend Patricia Thomas Loyd.; Jarvis M. Loyd, by and through Next Friend Patricia Thomas Loyd.; Patrice M. Loyd, by and through Next Friend Patricia Thomas Loyd.; Patricia A. Loyd, by and through Next Friend Patricia Thomas Loyd. lllllllllllllllllllll Plaintiffs v. James Corwin; Chief Darryl Forte lllllllllllllllllllll Defendants - Appellees City of Kansas City, Missouri lllllllllllllllllllll Defendant Board of Police Commissioners; Charles Huth; Robert Richardson; Barry Nolan; Chad Fenwick; Mary Bickford; Joseph Daneff; Scott A. Selock; Chad E. Safranek; Garrett D. Polich; Douglas G. Silk; Guy E. Kirtley; Keith M. Ericsson; Eric J. Roeder; Robert E. Browning, Jr.; Granvel E. Greenwell; Michael L. Glass; Justin E. Crump; Owen Farris; Larry Weinhold; Robert Evans; Aaron Hendershot; John Keil; Robert Wisdom; Kip Akerson; Richard R. Buente, #3061; Michael Miller, #4024; Richard Dyer lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: December 28, 2015 Filed: December 30, 2015 ____________ Before GRUENDER, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. In this properly removed action, Kalvin and Patricia Loyd appeal after the district court1 dismissed their civil rights complaint, without prejudice, for failure to prosecute. Upon careful review, we conclude that the district court did not abuse its discretion in dismissing the complaint. See Garland v. Peebles, 1 F.3d 683, 686 (8th Cir. 1993) (dismissal for failure to prosecute is reviewed for abuse of discretion; dismissal is proper when there has been clear record of delay by plaintiff). We additionally conclude that the district court did not abuse its discretion in denying the Loyds’ motion for appointment of counsel. See Phillips v. Jasper Cty. Jail, 437 F.3d 791, 794 (8th Cir. 2006) (denial of motion for appointment of counsel is reviewed for abuse of discretion; discussing relevant factors). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri. -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
