Filed: Aug. 18, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 18, 2003 Charles R. Fulbruge III Clerk No. 02-60906 Summary Calendar LURETHA O. BIVINS; METRO HOMES REALTY, INC., Plaintiffs-Appellants, versus THE MISSISSIPPI PRESS REGISTER, INC., doing business as the Mississippi Press, Defendant-Appellee. - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:01-CV-240-GR - Before HIGGINBOTHAM,
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 18, 2003 Charles R. Fulbruge III Clerk No. 02-60906 Summary Calendar LURETHA O. BIVINS; METRO HOMES REALTY, INC., Plaintiffs-Appellants, versus THE MISSISSIPPI PRESS REGISTER, INC., doing business as the Mississippi Press, Defendant-Appellee. - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:01-CV-240-GR - Before HIGGINBOTHAM, D..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 18, 2003
Charles R. Fulbruge III
Clerk
No. 02-60906
Summary Calendar
LURETHA O. BIVINS; METRO HOMES REALTY, INC.,
Plaintiffs-Appellants,
versus
THE MISSISSIPPI PRESS REGISTER, INC.,
doing business as the Mississippi Press,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:01-CV-240-GR
--------------------
Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Luretha O. Bivins appeals the dismissal of her pro se
complaint pursuant to FED. R. CIV. P. 37(b)(2)(C) and FED. R. CIV.
P. 41(b) for failure to comply with discovery orders. Bivins’
motion for leave to represent Metro Homes Realty, Inc. is DENIED.
See K.M.A., Inc. v. General Motors Acceptance Corp.,
652 F.2d
398, 399 (5th Cir. Unit B 1981).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-60906
-2-
Bivins’ motion for leave to file supplemental record
excerpts is DENIED. See United States v. Flores,
887 F.2d 543,
546 (5th Cir. 1989).
Bivins filed a complaint on behalf of herself and Metro
Homes Realty, Inc., against The Mississippi Press Register, Inc.
The complaint sought compensatory and punitive damages for
alleged advertising discrimination on the basis of race, breach
of contract, and intentional infliction of emotional distress.
A district court has discretion in selecting the sanction to
be imposed for a party’s disregard of its orders. Brinkmann v.
Dallas County Deputy Sheriff Abner,
813 F.2d 744, 749 (5th Cir.
1987). We review the district court’s imposition of sanctions
under FED. R. CIV. P. 37(b) for an abuse of discretion. See
id.
The record shows that Bivins wilfully refused to comply with
discovery orders, although the magistrate judge gave repeated
extensions of the discovery deadlines. Bivins does not argue
that she misunderstood the orders. Rather, she argues that
compliance was not necessary and that the information sought was
not relevant to the issue of damages. The sanction was warranted
due to Bivins’ willful and contumacious conduct that impeded the
efficient and orderly disposition of the case. The district
court did not abuse its discretion by dismissing the complaint
with prejudice pursuant to FED. R. CIV. P. 37(b)(2)(C). See
Brinkmann, 813 F.2d at 749.
No. 02-60906
-3-
The magistrate judge’s order for Bivins to execute a medical
privilege waiver is not directly appealable to this court because
the parties did not consent to proceed before the magistrate
judge. See 28 U.S.C. § 636(c)(3); Trufant v. Autocon, Inc.,
729
F.2d 308, 309 (5th Cir. 1984). Accordingly, the appeal is
DISMISSED in part for lack of jurisdiction.
AFFIRMED IN PART; DISMISSED IN PART FOR LACK OF
JURISDICTION; MOTIONS DENIED.