McAllister v. McIntyre

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 98-21128 Summary Calendar _____________________ WILLIS C. McALLISTER, Plaintiff-Appellant, versus DANYA McINTYRE; ET AL., Defendants, DANYA McINTYRE; ROBERT HALF INTERNATIONAL, INC.; ROSEMARY BROTHERS; ANDERSEN CONSULTING, INC.; KELSEY SKIBA, also known as Lisa Skiba; TENNECO BUSINESS SERVICES, INC., Defendants-Appellees. _________________________________________________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CV-3718 _________________________________________________________________ November 10, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Willis C. McAllister appeals the district court’s dismissal of a lawsuit he brought pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq.; the Age Discrimination in Employment Act, 29 U.S.C. 621 et seq.; and other civil rights and common law claims. The lawsuit was dismissed because of McAllister’s abuse of * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. the discovery process and his refusal to obey valid court discovery orders. Review of the arguments and the record on appeal show that the district court did not abuse its discretion in dismissing the lawsuit. See Fed. R. Civ. P. 37(b)(2)(C); Coane v. Ferrara Pan Candy Co., 898 F.2d 1030, 1032 (5th Cir. 1990); see also FDIC v. Conner, 20 F.3d 1376, 1380-81 (5th Cir. 1994). McAllister’s argument that the district court erred in admitting into evidence a copy of excerpts of the videotape deposition and transcripts of such deposition is without merit. See Fed. R. Civ. P. 32(a)(2). A F F I R M E D. 2