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539 F. App'x 615
5th Cir.
2013

James H. MURUNGI, Plaintiff-Appellant, v. TOURO INFIRMARY; Lee B. Hankins; Raquel S. Margulis; Theresa Williams, Defendants-Appellees.

No. 13-30557

United States Court of Appeals, Fifth Circuit.

Sept. 11, 2013.

615

Summary Calendar.

James H. Murungi, Lafayette, LA, pro se.

Leslie W. Ehret, Esq., Litigation Counsel, Suzanne Marie Risey, Frilot, L.L.C., New Orleans, LA, for Defendants-Appellees.

Before JONES, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

James Murungi, pro se in the district court and on appeal, sued for employment discrimination. Various discovery disputes ensued. The defendants ultimately moved for dismissal for Murungi‘s failure to produce documents as ordered or to cooperate with other discovery proceedings, including his deposition.

The magistrate judge issued a detailed Report and Recommendation concluding that the suit be dismissed with prejudice as authorized by Federal Rule of Civil Procedure 37(b)(2)(A)(v). The district court approved the recommendation and dismissed.

The magistrate judge convincingly set forth Murungi‘s repeated failures and refusals to cooperate in reasonable discovery, both in this proceeding and in others. There is no error in the dismissal under Rule 37. The judgment of dismissal is AFFIRMED, essentially for the reasons assigned by the magistrate judge. All outstanding motions are denied.

Notes

*
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Case Details

Case Name: James Murungi v. Touro Infirmary
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Sep 11, 2013
Citations: 539 F. App'x 615; 13-30557
Docket Number: 13-30557
Court Abbreviation: 5th Cir.
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    James Murungi v. Touro Infirmary, 539 F. App'x 615