Sound Check, Inc. v. American Federation

1The Honorable Dean Whipple, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 98-1843
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Joseph Scott Blackburn, *
*
Appellant, *
*
v. *
* Appeal from the United States
Steve Whitney, Sheriff; Joe Nelson, * District Court for the
Commissioner; Bill Barnett, * Western District of Missouri.
Commissioner; Tom Chudomelka, *
Commissioner; James Eiffert, Judge; * [UNPUBLISHED]
Mark Orr, Prosecuting Attorney, *
*
Appellees. *
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Submitted: February 7, 2000
Filed: February 15, 2000
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Before RICHARD S. ARNOLD, BOWMAN, and BEAM.
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PER CURIAM.
Joseph Scott Blackburn appeals from the district court’s1 dismissal of his 42
U.S.C. § 1983 action without prejudice for failure to comply with the court’s order to
address Sheriff Steve Whitney’s dismissal motion. Having reviewed the record and the

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parties’ briefs, we conclude that the district court did not abuse its discretion. See
Rodgers v. Curators of Univ. of Missouri, 135 F.3d 1216, 1219 (8th Cir. 1998)
(standard of review); Edgington v. Missouri Dept. of Corrections, 52 F.3d 777, 779-80
(8th Cir. 1995) (fact that dismissal for failure to comply with orders was without
prejudice militates against finding abuse of discretion).
We deny Blackburn’s pending motions, as the arguments he raises in them were
not presented to the district court. See Schafer v. Moore, 46 F.3d 43, 45 (8th Cir.
1995).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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