United States Eighth Circuit

District court order dismissing plaintiff's claim with prejudice for failure to prosecute his complaint is affirmed where: 1) the court properly applied Federal Rule of Civil Procedure 41(b) to the situation where plaintiff timely failed to serve the complaint before the case was removed from state to federal court; and 2) the court did not abuse its discretion in dismissing the case based on a 44-month delay in service as the delay was unexcused.

Appellate Information

• Decided 07/02/2009
• Published 07/02/2009

Judges

• SMITH, Circuit Judge., Before RILEY, SMITH, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joseph Y. DeCuyper, Jr., argued, Kansas City, MO (John E. Chick, Jr., on the brief), for appellant.


• For Appellees:
  
• Andrea C. Bernica, argued, Kansas City, MO (Karen G. Glickstein, on the brief), for appellee.