Keith J. Mitan v. Donna Osborn; Community Publishers, Inc., doing business as Ozarks Newstand

United States Court of Appeals
For the Eighth Circuit
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No. 14-1019
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Keith J. Mitan
lllllllllllllllllllll Plaintiff - Appellant
v.
Donna Osborn; Community Publishers, Inc., doing business as Ozarks Newstand
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: July 30, 2014
Filed: August 4, 2014
[Unpublished]
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Before BYE, SMITH, and KELLY, Circuit Judges.
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PER CURIAM.

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Keith Mitan appeals the district court’s orders dismissing his defamation1
complaint with prejudice as a sanction for discovery abuses, pursuant to Federal Rule
of Civil Procedure 37(b)(2)(A), and denying post-judgment relief. Upon careful
review of the record before us and the parties’ submissions on appeal, we conclude
that the district court did not clearly err in finding Mitan willfully violated the court’s
clear and repeated discovery orders, and based on that finding, the court did not abuse
its discretion by dismissing Mitan’s complaint with prejudice. We also conclude that
the court did not abuse its discretion in denying post-judgment relief.
Accordingly, we affirm. See 8th Cir. R. 47B.
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The Honorable Sarah W. Hays, United States Magistrate Judge for the1
Western District of Missouri, to whom the case was referred for final disposition by
consent of the parties pursuant to 28 U.S.C. § 636(c).
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