Petty v. Manpower, Inc., No. 78-1300
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
| Writing for the Court | Before SETH, Chief Judge, and BARRETT and LOGAN; PER CURIAM |
| Citation | 591 F.2d 615 |
| Parties | 19 Fair Empl.Prac.Cas. 68, 19 Empl. Prac. Dec. P 8990 Forrest PETTY, Plaintiff-Appellant, v. MANPOWER, INC., Temporary Services, Milwaukee, Wisconsin, Defendant-Appellee. |
| Docket Number | No. 78-1300 |
| Decision Date | 12 February 1979 |
Page 615
Dec. P 8990
v.
MANPOWER, INC., Temporary Services, Milwaukee, Wisconsin,
Defendant-Appellee.
Tenth Circuit.
Decided Feb. 12, 1979.
Kenneth N. McKinney, and Sally E. Scott, Oklahoma City, Okl., Atty., filed memorandum supporting summary action on behalf of defendant-appellee.
Before SETH, Chief Judge, and BARRETT and LOGAN, Circuit Judges.
PER CURIAM.
Forrest Petty seeks review of an order of the United States District Court for the Western District of Oklahoma dismissing without prejudice his pro se complaint for damages filed under 42 U.S.C. § 2000e. We affirm.
In March, 1977, appellant filed with the Equal Employment Opportunity Commission a charge of discrimination alleging that appellee had racially discriminated against him in violation of Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Commission Act of 1972. Following a full investigation,
Page 617
the Commission concluded that appellant had merely presented assertions of discrimination without factual support, and that there was no cause to believe that Title VII had been violated. Thereafter, within the ninety (90) day time limit set by 42 U.S.C. § 2000e-5(f)(1) appellant filed this pro se action in district court alleging employment discrimination. 42 U.S.C. § 2000e, Et seq. In response, appellee filed a motion to dismiss with an alternative motion for summary judgment. A hearing was set for February 27, 1978, with proper notice issued to both parties. When the case was called by the court for hearing, appellant did not appear. As a result an order was entered dismissing without prejudice appellant's complaint for lack of prosecution.Subsequent to the initial dismissal, appellant notified the court that he had been unable to attend the hearing because of his incarceration in the Oklahoma City Jail. The district court treated appellant's letter as a motion for relief from judgment made pursuant to Fed.R.Civ.P. 60(b) and his case was reopened, with a properly noticed hearing set for March 15, 1978. Once again when appellant's case was called he did not appear, and the second order of dismissal without prejudice of the complaint was entered. From that dismissal appellant has appealed.
Previously it has been the strict policy of this court to view a district court's...
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Ordower v. Feldman, No. 86-2588
...a final appealable order. See Car Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101, 1111 (7th Cir.1984); Petty v. Manpower, Inc., 591 F.2d 615, 617 (10th Cir.1979). However, "[i]f it is clear that the plaintiff may not start over again with a properly drawn complaint, because of limitations ......
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Moya v. Schollenbarger, No. 04-2319.
...wherein, in a practical sense, the district court by its order has dismissed a plaintiff's action as well." Petty v. Manpower, Inc., 591 F.2d 615, 617 (10th Cir.1979) (per curiam)); see also Thompson v. Dereta, 709 F.2d 1343, 1344 (10th Cir.1983) ("It is well settled that dismissal of a com......
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Holt v. Pitts, No. 78-1561
...protracted law suits. See, e. g., Link v. Wabash R. Co., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962); Petty v. Manpower, Inc., 591 F.2d 615 (10th Cir. 1979); Hepperle v. Johnston, 590 F.2d 609 (5th Cir. 1979); Lopez v. Aransas County Independent School District, 570 F.2d 541 (5th Cir.......
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Landmark Land Co. of Oklahoma, Inc. v. Buchanan, Nos. 85-2458
...wherein, in a practical sense, the district court by its order has dismissed a plaintiff's action as well." Petty v. Manpower, Inc., 591 F.2d 615, 617 (10th Cir.1979) (per curiam). While dismissal of a complaint with leave to amend is not an appealable order, Thompson v. Dereta, 709 F.2d 13......
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Ordower v. Feldman, No. 86-2588
...a final appealable order. See Car Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101, 1111 (7th Cir.1984); Petty v. Manpower, Inc., 591 F.2d 615, 617 (10th Cir.1979). However, "[i]f it is clear that the plaintiff may not start over again with a properly drawn complaint, because of limitations ......
-
Moya v. Schollenbarger, No. 04-2319.
...wherein, in a practical sense, the district court by its order has dismissed a plaintiff's action as well." Petty v. Manpower, Inc., 591 F.2d 615, 617 (10th Cir.1979) (per curiam)); see also Thompson v. Dereta, 709 F.2d 1343, 1344 (10th Cir.1983) ("It is well settled that dismissal of a com......
-
Holt v. Pitts, No. 78-1561
...protracted law suits. See, e. g., Link v. Wabash R. Co., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962); Petty v. Manpower, Inc., 591 F.2d 615 (10th Cir. 1979); Hepperle v. Johnston, 590 F.2d 609 (5th Cir. 1979); Lopez v. Aransas County Independent School District, 570 F.2d 541 (5th Cir.......
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Landmark Land Co. of Oklahoma, Inc. v. Buchanan, Nos. 85-2458
...wherein, in a practical sense, the district court by its order has dismissed a plaintiff's action as well." Petty v. Manpower, Inc., 591 F.2d 615, 617 (10th Cir.1979) (per curiam). While dismissal of a complaint with leave to amend is not an appealable order, Thompson v. Dereta, 709 F.2d 13......