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ASHBY v. McKENNA

No. 02-1321.

331 F.3d 1148 (2003)

Michael Eugene ASHBY, Plaintiff-Appellant, v. Mark McKENNA; Randy Tate; Crowley County Correctional Facility; Crowley Correctional Service Limited Liability Company; Correctional Services Corporation, Defendants Appellees.

United States Court of Appeals, Tenth Circuit.

June 11, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs: Michael Eugene Ashby, pro se.

Melanie B. Lewis of Hall & Evans, Denver, CO, for Defendants-Appellees.

Before HARTZ, O'BRIEN, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Plaintiff Michael Ashby appeals from a district court order dismissing his suit with prejudice as a sanction for discovery abuse pursuant to Fed.R.Civ.P. 37(a)(2)(B).1 We review for abuse of discretion. Knowlton v. Teltrust Phones, Inc., 189 F.3d 1177, 1182 (10th Cir.1999) (reviewing discovery sanction); Archibeque v. Atchison, Topeka & Santa Fe Ry. Co.,

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