Filed: Oct. 13, 1999
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 98-4070 _ Peter Jon Simpson; Beverly Simpson, * by and on behalf of themselves and * Katherine Simpson, a minor, * * Appellants, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Glenda Harris; Mickie Dodds; Sharon * Carr; Perry Epperly; Michael A. Carr; * [UNPUBLISHED] Holly Ryan; Doris Morgan; George * Perrigo, Sgt.; John Doe, Unknown * Deputy Sheriff #1; John Doe, Unknown * Deputy Sheriff #
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 98-4070 _ Peter Jon Simpson; Beverly Simpson, * by and on behalf of themselves and * Katherine Simpson, a minor, * * Appellants, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Glenda Harris; Mickie Dodds; Sharon * Carr; Perry Epperly; Michael A. Carr; * [UNPUBLISHED] Holly Ryan; Doris Morgan; George * Perrigo, Sgt.; John Doe, Unknown * Deputy Sheriff #1; John Doe, Unknown * Deputy Sheriff #2..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 98-4070
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Peter Jon Simpson; Beverly Simpson, *
by and on behalf of themselves and *
Katherine Simpson, a minor, *
*
Appellants, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Glenda Harris; Mickie Dodds; Sharon *
Carr; Perry Epperly; Michael A. Carr; * [UNPUBLISHED]
Holly Ryan; Doris Morgan; George *
Perrigo, Sgt.; John Doe, Unknown *
Deputy Sheriff #1; John Doe, Unknown *
Deputy Sheriff #2; Benno Steinmetz, *
M.D., Doctor; John R. Carlile, M.D., *
Doctor; Miss Fisher, Nurse; Lester E. *
Cox Medical Center, South; John Doe, *
Unknown Foster Care Person, *
*
Appellees. *
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Submitted: October 7, 1999
Filed: October 13, 1999
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Before LOKEN, MAGILL, and HANSEN, Circuit Judges.
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PER CURIAM.
Peter, Beverly, and Katherine Simpson appeal from the district court’s1 grant of
defendants’ motion to dismiss under Federal Rule of Civil Procedure 41(b). The
court’s ruling was based on its finding that the Simpsons had continually and wilfully
disobeyed court orders, including this court’s order that:
Jon Peter Simpson and Beverly Simpson are hereby prohibited from
seeking any further relief in this court or in the United States District
Court for the District of Western Missouri until they provide satisfactory
proof that they and the juvenile K.A.S. have appeared before and
submitted to the jurisdiction of the Greene County, Missouri Juvenile
Court.
In re: Simpson, No. 94-2211 (8th Cir. Aug. 15, 1994) (unpublished order).
Having carefully reviewed the record, the parties’ submissions, and the nearly
eight-year history of this lawsuit, we conclude that the district court did not clearly err
in determining that the Simpsons had wilfully disregarded court orders, and did not
abuse its discretion in sanctioning their conduct through dismissal. See Rodgers v.
Curators of Univ. of Missouri,
135 F.3d 1216, 1219-20 (8th Cir. 1998) (standard of
review).
Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
1
The Honorable Scott O. Wright, United States District Judge for the Western
District of Missouri.
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