Opinion · Court of Appeals for the Eighth Circuit
Safwat Soliman v. Mike Johanns, Secretary, United States Department of Agriculture
412 F.3d 920
- Type
- Opinion
- Court
- Court of Appeals for the Eighth Circuit
- Jurisdiction
- Federal
- Date
- 2005-06-20
- Topic
- general
holding the district court didn’t abuse its discretion when it enforced a deadline and denied further enlargement | holding the district court didn’t abuse its discretion when it enforced a deadline and denied further enlargement | holding the district court didn’t abuse its discretion when it enforced a deadline and denied further enlargement | finding that “a litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit” | finding no abuse of discretion in denying second motion for extension of time where court warned no further extensions would be granted | determining whether summary judgment was appropriate on the merits despite a plaintiff’s failure to respond to a defendant’s summary judgment motion | determining whether summary judgment was appropriate on the merits despite a plaintiff’s failure to respond to a defendant’s summary judgment motion | determining whether summary judgment was appropriate on the merits despite a plaintiff’s failure to respond to a defendant’s summary judgment motion | determining whether summary judgment was appropriate on the merits despite a plaintiff’s failure to respond to a defendant’s summary judgment motion | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of the lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of the lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit.” | "[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit." | even 18 pro se litigants must comply with procedural and substantive law and court rules | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of the lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit” | “a litigant who invokes the process of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of the lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit.” | “[A] litigant who invokes the processes of the federal courts is responsible
Citator
- Cited by
- 85 opinions
Robert L. Homan, Asst. U.S. Attorney, Omaha, NE (Ann M. Veneman, Secretary, USDA, on the brief), for appellee.
We review for abuse of discretion a district court's denial of a request for an extension to file a summary judgment response.Griffin v.Super Valu,218 F.3d 869,870(8th Cir. 2000). Soliman argues the district court should have granted his March 29 motion for an extension, because he suffered from extreme family hardshipPage 922due to the unexpected death of his father. While we sympathize with Soliman's situation and may have taken different action than did the district court, we cannot say the district court abused its considerable discretion in denying Soliman's March 29 motion for an extension. The district court did not preclude Soliman from filing a response to the Secretary's motion for summary judgment. Rather, it merely enforced a deadline governing the timing of submissions and denied any enlargement beyond the extension of time already granted.See Biby v. Kansas CityLife Ins. Co.,629 F.2d 1289,1293(8th Cir. 1980) (holding it is critical to the trial court's power of control over its own docket and its ability to serve effectively all litigants that it maintain control over progress of cases before it, including requests for extensions of time). Even pro se litigants must comply with court rules and directives.See Schooley v. Kennedy,712 F.2d 372,373(8th Cir. 1983) (per curiam) (declaring pro se parties are not excused from complying with procedural and substantive law).
The district court gave Soliman one extension before his father's death, and the district court thereafter warned Soliman it would not grant any further extensions. Although Soliman asserts he was residing out of state when the court entered an order warning of no further extensions, a litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit.See Carey v. King,856 F.2d 1439,1441(9th Cir. 1988) (per curiam) ("A party, not the district court, bears the burden of keeping the court apprised of any changes in his mailing address."). Soliman waited until several days after his father's death and within a few days of the revised deadline to file his March 29 extension motion.See Noll v. Petrovsky,828 F.2d 461,462(8th Cir. 1987) (per curiam) (holding district court did not abuse its discretion in ruling on summary judgment motion where,inter alia,plaintiff had been given repeated notices court intended to rule on motion and it was plaintiff's burden to rebut defendant's evidence). We further note that, although the district court did not abuse its discretion in denying Soliman's motion for an extension, the district court also would have been well within its discretion in granting the motion.
As to the merits, we must determine whether entry of summary judgment was proper despite Soliman's failure to respond to the motion.SeeJacob-Mua v. Veneman,289 F.3d 517,520(8th Cir. 2002) (summary judgment standard of review);United States v. One Parcel of Real Prop.,27 F.3d 327,329n. 1 (8th Cir. 1994) (failure to respond to summary judgment motion does not automatically compel resolution of appeal in favor of moving party). We decline to consider the documents Soliman submitted for the first time on appeal.See Griffin,218 F.3d at 871.
To establish a prima facie case of race and national-origin discrimination based on circumstantial evidence, as Soliman attempted to do below, he had to show, among other things, that he adequately was performing his meat-inspector job, and he suffered an adverse employment action under circumstances permitting an inference of discrimination.SeeHabib v. NationsBank,279 F.3d 563,566(8th Cir. 2001). Given the numerous serious complaints the supervisory veterinary medical officer received from Soliman's trainers and coworkers-within a few months of Soliman's employment, and while he was on probation and presumably on his best behavior we agree with the district court that Soliman failed to establish trial worthy issues on these elements. We also agreePage 923with the district court that the incidents Soliman reported to the supervisory officer did not create a jury issue as to a hostile work environment based on Soliman's race and national origin.Cf. Burkett v.Glickman,327 F.3d 658,662(8th Cir. 2003) (for hostile work environment claim to succeed, conduct must be so extreme as to change terms and conditions of employment). Finally, neither Soliman's assertions of judicial bias and ineffective assistance of counsel, nor the magistrate judge's denial of Soliman's discovery-related motions, provides a basis for reversal.See Sheets v. Butera,389 F.3d 772,780(8th Cir. 2004) (reversal of discovery rulings is unwarranted absent gross abuse of discretion resulting in fundamental unfairness);Glick v. Henderson,855 F.2d 536,541(8th Cir. 1988) (rejecting ineffectiveness of counsel claim, as there is no constitutional or statutory right to counsel in civil case).
Finally, the district court did not allow Soliman ten days to object to the magistrate judge's order as provided under Federal Rule of Civil Procedure72(a). The district court entered its order granting summary judgment only one day after the magistrate judge denied Soliman's second motion for an extension of time. Upon a timely objection to a magistrate's order disposing of a nondispositive matter, a litigant is entitled to have the district court "consider such objection and . . . modify or set aside any portion of the magistrate judge's order found to be clearly erroneous or contrary to law." Fed.R.Civ.P.72(a). Here, Soliman could have argued he was prejudiced by the district court's failure to observe the ten-day rule. However, after independently reviewing Soliman's appellate briefs and the record, we conclude Soliman has not proposed any non-frivolous argument, nor do we discover any nonfrivolous issue, which would convince us the district court erred in failing to wait ten days before entering summary judgment. We hold, therefore, that the district court's failure in this case to observe the ten-day rule was harmless and does not constitute reversible error.See,e.g., Habets v. Waste Mgmt., Inc.,363 F.3d 378,381-82(5th Cir. 2004) (permitting district court to adopt magistrate judge's recommendation, under Fed.R.Civ.P.72(b), one day after receiving the recommendation and before receiving any objections).
Accordingly, we affirm.