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  • Dowd v. Gunning, 45 F.3d 423, 1st Cir. (1995)

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    This document is a court case summary from the United States Court of Appeals for the First Circuit. It affirms the lower court's dismissal of a case filed by Thomas F. Dowd against Gunning, Lafazia and Gnys, Inc. et al. for failure to prosecute. The summary rejects Dowd's claims that his complaint was improperly rejected rather than filed, and that the dismissal was in response to a motion to dismiss rather than for failure to pursue the case.

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    Filed: 1995-01-20 Precedential Status: Non-Precedential Citations: 45 F.3d 423 Docket: 94-1101

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    This document is a court case summary from the United States Court of Appeals for the First Circuit. It affirms the lower court's dismissal of a case filed by Thomas F. Dowd against Gunning, Lafazia and Gnys, Inc. et al. for failure to prosecute. The summary rejects Dowd's claims that his complaint was improperly rejected rather than filed, and that the dismissal was in response to a motion to dismiss rather than for failure to pursue the case.

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    Public Domain
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    Dowd v. Gunning, 45 F.3d 423, 1st Cir. (1995)

    Uploaded by

    Scribd Government Docs
    This document is a court case summary from the United States Court of Appeals for the First Circuit. It affirms the lower court's dismissal of a case filed by Thomas F. Dowd against Gunning, Lafazia and Gnys, Inc. et al. for failure to prosecute. The summary rejects Dowd's claims that his complaint was improperly rejected rather than filed, and that the dismissal was in response to a motion to dismiss rather than for failure to pursue the case.

    Copyright:

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    of 1

    45 F.

    3d 423
    NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be
    cited only in related cases.

    Thomas F. DOWD, Plaintiff, Appellant,


    v.
    GUNNING, LAFAZIA AND GNYS, INC., et al., Defendants,
    Appellees.
    No. 94-1101.

    United States Court of Appeals,


    First Circuit.
    Jan. 20, 1995.

    Thomas F. Dowd on brief pro se.


    Kevin S. Cotter on brief for appellees.
    Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge,
    and BOUDIN, Circuit Judge..
    PER CURIAM.

    The judgment of dismissal is affirmed. Contrary to plaintiff's suggestion, his


    complaint was not "lodged" with the Clerk and thereafter rejected for "filing"
    upon denial of his application to proceed in forma pauperis; rather, the docket
    sheet reveals that it was filed on August 27, 1993. Contrary to his further
    suggestion, the order of dismissal here was not prompted by defendants' motion
    to dismiss; rather, it was entered, after appropriate notice, for failure to
    prosecute. And his argument that the district court was without power to enter
    an order of dismissal under these circumstances is frivolous. See, e.g., Fed. R.
    Civ. P. 41(b); 28 U.S.C. Sec. 1915(d).

    Affirmed..

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