Marsett Stevenson v. Alan Bartlo

8 F. App'x 580

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 7, 2001
• Docket: 00-2857
• Status: Unpublished

Opinion

PER CURIAM.

Marsett Stevenson brought an employment discrimination action. After defendants reminded Stevenson three times of the date chosen for his deposition, he failed to appear for the deposition. Defendants moved to dismiss the complaint as a sanction; Stevenson did not respond. The District Court 1 then ordered Stevenson to pay the costs of the deposition within fifteen days or suffer dismissal. When that period passed without Stevenson’s payment or response, the Court dismissed the case with prejudice. Stevenson appeals. We conclude the District Court did not abuse its discretion in dismissing Stevenson’s complaint. See Fed.R.Civ.P. 37(d); Schoffstall v. Henderson, 223 F.3d 818, 823 (8th Cir.2000) (standard of review); Aziz v. Wright, 34 F.3d 587, 589 (8th Cir.1994) (Rule 37(d) authorizes dismissal if party fails to appear for his deposition), cert. denied, 513 U.S. 1090, 115 S.Ct. 752, 130 L.Ed.2d 652 (1995).

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

A true copy.

1 . The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.