Montrell Holmes v. Lieutenant John Hawthorne ( 2023 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 22-2192
___________________________
Montrell C. Holmes
lllllllllllllllllllllPlaintiff - Appellant
v.
Lieutenant John Hawthorne, Probation and Parole Transitional Center St. Louis,
Individual; Korey Kyles, Parole Officer, Individual; Sincerity Rutling, Supervisor,
Transitional Center St. Louis, Individual and Official Capacity; Chris Sarchett,
Superintendent, Transitional Center St. Louis, Individual and Official Capacity;
Lieutenant Tasha Kupihea, Transitional Center St. Louis, Individual; Sergeant
Chelsea Dowell, Transitional Center St. Louis, Individual; T. Green, Case
Manager, Transitional Center St. Louis, Individual and Official Capacity; Keith
Davis, Probation & Parole Officer, Transitional Center St. Louis, Individual and
Official Capacity; Lieutenant Manning, Transitional Center St. Louis, Individual
and Official Capacity; Lieutenant Summerville, ERDCC, Individual and Official
Capacity; Sergeant William Griffin, Transitional Center St. Louis, Individual; Ms.
Jordan, Lieutenant, Transitional Center St. Louis, Individual and Official
Capacity; Danielle Beiter, Correctional Officer, Individual; Ms. Dent, Probation &
Parole, Transitional Center St. Louis, Individual and Official Capacity; C.
Highgrade, Transitional Center St. Louis, Individual and Official Capacity; Carrie
Sederstrom, ERDCC, Probation & Parole Officer, Individual and Official
Capacity; Kody Stanley, Corizon Nurse, Individual and Official Capacity;
Unknown Erwin, Sergeant, ERDCC, Individual and Official Capacity; Ian Boyd,
Doctor, St. Louis University Hospital, Individual and Official Capacity; Jonathan
S. Cade, Medical Doctor, St. Louis University Hospital, Individual and Official
Capacity; Unknown Dalton, Correctional Officer, ERDCC, Individual and Official
Capacity; Melissa Brown, Case Manager, ERDCC, Individual and Official
Capacity; Unknown Davis, Correctional Officer, Individual and Official Capacity;
Probation & Parole, MO D.O.C., Individual and Official Capacity; Transitional
Center St. Louis; John Doe 2; John Doe 1; Johnny Holmes, Correctional Officer;
Lieutenant Lambe, Transitional Center St. Louis, Individual and Official Capacity
lllllllllllllllllllllDefendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
____________
Submitted: March 28, 2023
Filed: March 31, 2023
[Unpublished]
____________
Before GRUENDER, STRAS, and KOBES, Circuit Judges.
____________
PER CURIAM.
Montrell Holmes appeals the district court’s1 dismissal of his 42 U.S.C. § 1983action under Federal Rule of Civil Procedure 37(d). Upon careful review, we find no
abuse of discretion in the dismissal. See Lopez v. Whirlpool Corp., 989 F.3d 656,
662 (8th Cir. 2021) (standard of review). Holmes knew about and chose not to attend
the first deposition scheduled by defendants; and he failed to inform the court and the
defendants of his updated address to ensure he received notice of the rescheduled
deposition and the court’s orders, as required by the local rule. See E.D. Mo. L.R.
2.06(b) (pro se party shall promptly notify clerk and all other parties of any change
in his address); Hairston v. Alert Safety Light Prods., Inc., 307 F.3d 717, 718-19 (8th
Cir. 2002) (sanction of dismissal is appropriate when failure to comply has been due
to willfulness or any fault of petitioner).
1
The Honorable E. Richard Webber, United States District Judge for the
Eastern District of Missouri, now retired.
-2-
The judgment is affirmed. See 8th Cir. R. 47B. We deny appellees’ motion to
file a sur-reply.
______________________________
-3-