Boyle v. American Auto Service

David Boyle appeals from the district courts order dismissing with prejudice for failure to prosecute his complaint against American Auto Service, Inc. ("American Auto"). On appeal, Boyle raises three points for reversal. First, he asserts that the district court erred in applying Federal Rule of Civil Procedure 41(b) to dismiss his case with prejudice for failure to prosecute because Rule 41(b) only applies to conduct occurring after removal. Second, he argues that the district court erroneously concluded that his lawsuit was subject to dismissal for failure to prosecute pursuant to Missouri Supreme Court Rule 67.03 because state law did not require him to exercise due diligence in obtaining service on American Auto. Finally, he asserts that the district court abused its discretion in dismissing his case with prejudice for failure to prosecute pursuant to Rule 41(b) because he did not willfully disobey a court order and did not persistently fail to prosecute his case. We affirm.