United States v. Travon Rice

United States Court of Appeals
For the Eighth Circuit
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No. 26-1236
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Dr. Theoda E. Mills, Jr.
lllllllllllllllllllllPlaintiff - Appellant
v.
City of St. Louis, Missouri; Sylvia Jackson-Bell, in her individual and official
capacity; Victoria Anwuri, in her individual and official capacity
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: August 13, 2026
Filed: August 18, 2026
[Unpublished]
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Before GRUENDER, BENTON, and TRAYNOR, Circuit Judges.
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PER CURIAM.
Dr. Theoda Mills, Jr., appeals after the district court
1
set aside the entry of
default and dismissed his case with prejudice as a sanction under Federal Rule of
Civil Procedure 11. Upon careful review, we conclude that the district court did not
abuse its discretion in setting aside the entry of default after conducting the proper
inquiry. See Stephenson v. El-Batrawi, 524 F.3d 907, 912 (8th Cir. 2008) (standard
of review); Johnson v. Leonard, 929 F.3d 569, 573 (8th Cir. 2019) (setting out factors
informing good-cause determination). We further conclude the court did not abuse
its discretion in dismissing the case with prejudice as a sanction under Rule 11, as the
court gave Mills notice and opportunities to respond and to comply with Rule 11 and
he persisted in his misconduct. See Fed. R. Civ. P. 11(c); Clark v. UPS, Inc., 460
F.3d 1004, 1008 (8th Cir. 2006) (standard of review); Carman v. Treat, 7 F.3d 1379,
1381-82 (8th Cir. 1993) (pro se status and subjective beliefs regarding merits of
action do not insulate litigant from Rule 11 sanctions; blatant misrepresentations
support dismissal with prejudice).
Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
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1
The Honorable Matthew T. Schelp, United States District Judge for the
Eastern District of Missouri.
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