Texte intégral
United States Court of Appeals
For the Eighth Circuit
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No. 21-3257
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David Woody; Kendra Jackson; L.W.; D.E.J.; D.A.J.; E.W.; K.W.
Plaintiffs - Appellants
v.
John Halferty, Jasper County Sheriff; Jacob Halferty; Marc Headdington; Janice
Bragg; Jasper County Animal Rescue League; Jasper County Sheriff Department;
Jasper County; Jasper County Animal Control and Welfare Board; Polk County;
James Byle
Defendants - Appellees
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: March 23, 2023
Filed: March 31, 2023
[Unpublished]
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Before GRUENDER, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
David Woody and his family appeal the dismissal of the lawsuit they brought
after Jasper County seized their dogs. Having carefully reviewed the record and the
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parties’ arguments on appeal, we conclude the district court1 had jurisdiction, was
not required to recuse, and did not abuse its discretion when it dismissed the family’s
case as a sanction for their delays and failure to comply with a court order. See
Buffets, Inc. v. Leischow, 732 F.3d 889, 898 (8th Cir. 2013) (holding that
noncompliance with the removal statute does not require reversal if the district court
had subject-matter jurisdiction when it entered judgment); Rodgers v. Curators of
the Univ. of Mo., 135 F.3d 1216, 1222 (8th Cir. 1998) (upholding a dismissal under
Fed. R. Civ. P. 41(b) when “any lesser sanction would have involved further delay
or forced [the defendants] to try their case without completing discovery”). We
accordingly affirm the judgment and deny the motion to remand. See 8th Cir.
R. 47B.
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1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.
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