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GRIPE v. CITY OF ENID, OKL.

No. 01-6430.

312 F.3d 1184 (2002)

Roger D. GRIPE, Plaintiff-Appellant, v. CITY OF ENID, OKLAHOMA, a municipal corporation and political subdivision of the State of Oklahoma; Dennis Madison, individually and in his official capacity as Chief of Police for the City of Enid; Tim King, individually and as manager of the Dillards Department Store, Enid, Oklahoma; Dillards, Inc., a Delaware Corporation doing business in the State of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 4, 2002.

Attorney(s) appearing for the Case

David J. Batton, Norman, OK, for Plaintiff-Appellant.

David W. Kirk of Carter & Kirk, P.C., Oklahoma City, OK, for Defendants-Appellees City of Enid and Dennis Madison, and Nathan L. Whatley and Shawn E. Harrell of McAfee & Taft, a Professional Corporation, Oklahoma City, OK, for Dillards, Inc. and Tim King.

Before HENRY, ANDERSON, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Plaintiff Roger D. Gripe appeals the district court's order dismissing his complaint as a sanction for his lawyer's repeated violations of court orders and rules. The district court denied plaintiff's motion for relief from judgment. Because the statute of limitations on his claims has expired, he cannot refile them. Plaintiff's principal argument is that he should not be penalized for his lawyer's shortcomings. We affirm.1...

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