District court order dismissing plaintiff’s claim with prejudice for failure to prosecute his complaint is affirmed where: 1) the court properly applied Federal Rule of Civil Procedure 41(b) to the situation where plaintiff timely failed to serve the complaint before the case was removed from state to federal court; and 2) the court did not abuse its discretion in dismissing the case based on a 44-month delay in service as the delay was unexcused.
Read Boyle v. Am. Auto Serv., Inc., No. 08-2584
Appellate InformationAppeal from the United States District Court for the Western District of Missouri.Submitted: February 13, 2009Filed: July 2, 2009
JudgesBefore RILEY, SMITH, and SHEPHERD, Circuit Judges.Opinion by SMITH, Circuit Judge.
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