Forest D. Trotter v. Glenn Lopate

56 F. App'x 758

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 11, 2003
• Docket: 02-2222
• Status: Unpublished

Opinion

PER CURIAM.

Forest Trotter appeals the district court’s 1 order granting defendant Glenn Lopate’s motion to dismiss plaintiffs complaint. Having carefully reviewed the record, we conclude that the district court did not abuse its discretion in dismissing the complaint with prejudice as a sanction for Trotter’s failure to comply with the court’s order, given the indications in the record that Trotter’s non-compliance was willful and that defendant Lopate was prejudiced as a result. See Fed.R.Civ.P. 37(b)(2)(C); Keefer v. Provident Life & Accident Ins. Co., 238 F.3d 937, 940 (8th Cir.2000); cf. Lorin Corp. v. Goto & Co., 700 F.2d 1202, 1202-04, 1208 (8th Cir.1983) (no abuse of discretion in dismissing with prejudice where, after court issued order compelling discovery, plaintiff provided incomplete answers to interrogatories and produced only small fraction of requested documents).

Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable Donald J. Slohr, United States District Judge for the Eastern District of Missouri.