United States v. Anthony Smith

1The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the
Eastern District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-3233
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Walter Lee Jackson, Jr., *
*
Appellant, * Appeal from the United States
* District Court for the
v. * Eastern District of Missouri.
*
State of Missouri; City of Poplar Bluff; * [UNPUBLISHED]
Butler County; R. Kevin Barbour, *
*
Appellees. *
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Submitted: November 26, 2010
Filed: January 12, 2011
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Before LOKEN, MURPHY, and BENTON, Circuit Judges.
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PER CURIAM.
Missouri inmate Walter Lee Jackson appeals the district court’s1 order
dismissing his unsigned 42 U.S.C. § 1983 complaint under Fed. R. Civ. P. 41(b) for
failure to prosecute. In an earlier order, the court directed Jackson to sign the
complaint or it would be dismissed without prejudice. After careful review, we
conclude that the court did not abuse its discretion in dismissing the complaint when
Jackson failed to comply with its prior directive. See Boyle v. Am. Auto Serv., Inc.,

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-2-
571 F.3d 734, 742 (8th Cir. 2009) (standard of review). Consistent with that directive,
we clarify that the dismissal was without prejudice. As so clarified, the order of
dismissal is affirmed. See 8th Cir. R. 47B.
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