Kevin Pollins v. Carolyn Colvin

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PER CURIAM OPINION FILED - THE COURT: James B. Loken, Kermit E. Bye and Jane Kelly (UNPUBLISHED) [4383235] [15-2903]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2903 ___________________________ Kevin Pollins lllllllllllllllllllll Plaintiff - Appellant v. Carolyn W. Colvin, Acting Commissioner, Social Security Administration lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Arkansas - Hot Springs ____________ Submitted: March 24, 2016 Filed: March 30, 2016 [Unpublished] ____________ Before LOKEN, BYE, and KELLY, Circuit Judges. ____________ PER CURIAM. Appellate Case: 15-2903 Page: 1 Date Filed: 03/30/2016 Entry ID: 4383235 Kevin Pollins appeals following the district court’s1 dismissal, for failure to prosecute and to comply with a court order, of his appeal from the denial of supplemental security income. We conclude that the district court did not abuse its discretion in dismissing Pollins’s case without prejudice. See Rodgers v. Curators of Univ. of Mo., 135 F.3d 1216, 1219 (8th Cir. 1998) (standard of review); Schooley v. Kennedy, 712 F.2d 372, 374 (8th Cir. 1983) (per curiam) (dismissal without prejudice mitigates against finding that court abused its discretion). The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). -2- Appellate Case: 15-2903 Page: 2 Date Filed: 03/30/2016 Entry ID: 4383235

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