Carl E. Brant v. Principal Life and

1The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-2835
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Ilester Malone, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
Hennepin County Medical Center, *
* [UNPUBLISHED]
Appellee. *
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Submitted: April 24, 2001
Filed: April 27, 2001
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Before BOWMAN, BEAM, and LOKEN, Circuit Judges.
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PER CURIAM.
Ilester Malone appeals from the district court’s1 dismissal with prejudice of his
employment-discrimination case for failure to comply with a court order. We conclude
that the district court did not abuse its discretion, as Malone exhibited a pattern of
intentional delay by repeatedly failing to adhere to pretrial and hearing schedules.
See Hunt v. City of Minneapolis, 203 F.3d 524, 527 (8th Cir. 2000) (standard of
review; dismissal with prejudice under Fed. R. Civ. P. 41(b) should be used only in

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cases of willful disobedience of court order or where litigant exhibits pattern of
intentional delay; district court need not find appellant acted in bad faith, but only that
he acted intentionally as opposed to accidentally or involuntarily).
Accordingly, we affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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