McInnis v. Duncan

Dist. Ct. did not err in dismissing for want of prosecution pro se plaintiff’s Title VII and Whistleblower Protection Act action after plaintiff failed to appear at scheduled hearing. Plaintiff had also failed to appear at prior hearing, and Dist. Ct. had warned plaintiff at that time that continued failure to appear at scheduled hearings would result in dismissal order. While plaintiff claimed that both parties had communicated agreement to continue second hearing by calling Dist. Ct.’s law clerk, record did not support plaintiff’s claim. Moreover, Ct. rejected plaintiff’s claim that Dist. Ct. was required to impose lesser sanction.