Kenneth Brantley v. BNSF Railway Company, No. 14-1661 (8th Cir. 2015)

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Court Description: Civil case - Employment discrimination. Dismissal affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1661 ___________________________ Kenneth Brantley, lllllllllllllllllllll Plaintiff - Appellant, v. BNSF Railway Company, lllllllllllllllllllll Defendant - Appellee, Nebraska Department of Labor, lllllllllllllllllllllMovant. ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: February 4, 2015 Filed: March 12, 2015 [Unpublished] ____________ Before LOKEN, MURPHY, and COLLOTON, Circuit Judges. ____________ PER CURIAM. In this pro se employment-discrimination action, Kenneth Brantley appeals the district court’s1 dismissal with prejudice. Upon careful review of the parties’ arguments on appeal and the circumstances of this case, we conclude that the district court did not abuse its discretion. See Fed. R. Civ. P. 37(b)(2), (d), 41(b); Sentis Group, Inc. v. Shell Oil Co., 559 F.3d 888, 898-99 (8th Cir. 2009) (standard of review for dismissal under Rule 37); Smith v. Gold Dust Casino, 526 F.3d 402, 404-05 (8th Cir. 2008) (standard of review for dismissal under Rule 41(b)). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska, adopting the report and recommendations of the Honorable Cheryl R. Zwart, United States Magistrate Judge for the District of Nebraska. -2-

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