Michael Woolman v. Time Warner , 543 F. App'x 619 ( 2013 )

United States Court of Appeals
For the Eighth Circuit
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No. 13-3079
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Michael Brian Woolman
lllllllllllllllllllll Plaintiff - Appellant
v.
Time Warner; Facebook.com
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Nebraska - Lincoln
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Submitted: November 27, 2013
Filed: December 2, 2013
[Unpublished]
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Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Michael Woolman appeals the district court’s1 dismissal of his pro se action for
failure to prosecute and to comply with a court order. We conclude that the court was
1
The Honorable Laurie Smith Camp, Chief Judge, United States District Court
for the District of Nebraska.
well within its discretion to dismiss the action, because Woolman failed to comply
with the court’s order to file an amended complaint by a certain date, and the court
had expressly warned Woolman that failure to comply would result in the dismissal
of his claims. Further, the dismissal was without prejudice. See Fed. R. Civ. P.
41(b); Schooley v. Kennedy, 712 F.2d 372, 374 (8th Cir. 1983) (per curiam) (lesser
sanction of dismissal without prejudice militates against finding that court abused its
discretion in dismissing under Rule 41(b)).
Accordingly, we affirm, see 8th Cir. R. 47B, and we deny as moot the pending
motion for discovery.
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