Charles Swift v. Walmart

15-3602Court of Appeals for the Eighth CircuitOct 31, 2016

Full text

United States Court of Appeals
For the Eighth Circuit
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No. 16-2145
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Charles Swift
lllllllllllllllllllll Plaintiff - Appellant
v.
Walmart
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: October 3, 2016
Filed: October 6, 2016
[Unpublished]
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Before LOKEN, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
Charles Swift appeals the district court’s preservice dismissal without1
prejudice of his pro se diversity complaint. The court dismissed the complaint after
The Honorable Richard G. Kopf, United States District Judge for the District1
of Nebraska.

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Swift failed to comply with the court’s order to provide evidence of damages
sufficient to invoke diversity jurisdiction. Having carefully considered the record,
and given the without-prejudice nature of the dismissal, we conclude the district court
did not abuse its discretion in dismissing without prejudice.
Accordingly, we affirm. See 8th Cir. R. 47B.
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-2-

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