John S. Roberts v. Missouri Div. of Emp., 636 F.2d 249 (8th Cir. 1980). · Go Syfert
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John S. Roberts v. Missouri Div. of Emp., 636 F.2d 249 (8th Cir. 1980). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: Pitlor v. Charles Schwab & Co., Inc., No. 8:19-cv-00095 (D. Neb. Sept. 18, 2020)
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At page 250 cited at this page5 citing cases
  • Pitlor v. Charles Schwab & Co., Inc., No. 8:19-cv-00095 (D. Neb. Sept. 18, 2020).
    June 11, 2014) (citing Roberts v. Missouri Div. Of Employment, 636 F.2d 249, 250 (8th Cir. 1980)).
  • Pitlor v. Charles Schwab & Co., Inc., No. 8:18-cv-00196 (D. Neb. Sept. 18, 2020).
    June 11, 2014) (citing Roberts v. Missouri Div. Of Employment, 636 F.2d 249, 250 (8th Cir. 1980)).
  • Willis v. City of Omaha, No. 8:19-cv-00211 (D. Neb. July 17, 2020).
    See Roberts v. Missouri Div. of Employment, 636 F.2d 249, 250 (8th Cir. 1980).” The Court finds that the magistrate judge is correct as a matter of fact and law.
  • Mason v. Norwest Bank N.A., 53 F. App'x 403 (8th Cir. 2002).unpublished
    See Roberts v. Mo. Div. of Employment, 636 F.2d 249, 250 (8th Cir.1980) (per curiam).
  • Harold Mason v. Norwest Bank N.A., No. 02-3174 (8th Cir. Dec. 26, 2002).unpublished
    See Roberts v. Mo. Div. of Employment, 636 F.2d 249, 250 (8th Cir. 1980) (per curiam).
Retrieving the full opinion text from the archive…
John S. ROBERTS, Appellant,
v.
MISSOURI DIVISION OF EMPLOYMENT, Appellee
80-1942.
Court of Appeals for the Eighth Circuit.
Dec 31, 1980.
Published opinion
636 F.2d 249
1980 U.S. App. LEXIS 10955
John S. Roberts, pro se., Jan Bond, Asst. Atty. Gen., Jefferson City, Mo., for appellee.
Gibson, Heaney, Lay, Per Curiam.
Cited by 5 opinions  |  Published
PER CURIAM.

On March 26,1980, Roberts filed a pro se complaint in the United States District Court for the Western District of Missouri. The defendant was not served with a copy of the complaint. The district court made several attempts to contact Roberts so that service of process could be completed, but Roberts did not respond. On September 2, 1980, the district court dismissed the complaint without prejudice for failure to prosecute, pursuant to Fed.R.Civ.P. 41(b).

On September 22, 1980, Roberts filed a notice of appeal and subsequently sought leave to appeal in forma pauperis. The Missouri Division of Employment Security filed a motion for summary disposition under Eighth Circuit Rule 9(b). This court issued a show cause order on December 1, 1980, giving the appellant ten days to respond to the Missouri Division of Employment Security’s motion.

After reviewing the record, we deny leave to appeal in forma pauperis and order dismissal of the appeal on the grounds the appeal is frivolous and entirely without merit. See 28 U.S.C. § 1915(d). An order for dismissal for failure to prosecute is within the discretion of the trial court, Grunewald v. Missouri Pacific Railroad, 331 F.2d 983, 985 (8th Cir. 1964), and there was clearly no abuse here. Since the dismissal of the complaint was without prejudice, Roberts may file another complaint if he wishes.

The appeal is dismissed.