Charles Swift v. Walmart, No. 16-2145 (8th Cir. 2016)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Bowman and Murphy, Circuit Judges] Civil case. Preservice dismissal without prejudice of plaintiff's pro se diversity complaint affirmed without comment. [ October 05, 2016
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2145 ___________________________ Charles Swift lllllllllllllllllllll Plaintiff - Appellant v. Walmart lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: October 3, 2016 Filed: October 6, 2016 [Unpublished] ____________ Before LOKEN, BOWMAN, and MURPHY, Circuit Judges. ____________ PER CURIAM. Charles Swift appeals the district court’s1 preservice dismissal without prejudice of his pro se diversity complaint. The court dismissed the complaint after 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. Swift failed to comply with the court’s order to provide evidence of damages sufficient to invoke diversity jurisdiction. Having carefully considered the record, and given the without-prejudice nature of the dismissal, we conclude the district court did not abuse its discretion in dismissing without prejudice. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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