Boyle v. American Auto Service, Inc.

SMITH, Circuit Judge.

David Boyle appeals from the district court’s 1 *order dismissing with prejudice for failure to prosecute his complaint against American Auto Service, Inc. (“American Auto”). On appeal, Boyle raises three points for reversal. First, he asserts that the district court erred in applying Federal Rule of Civil Procedure 41(b) to dismiss his case with prejudice for failure to prosecute because Rule 41(b) only applies to conduct occurring after removal. Second, he argues that the district court erroneously concluded that his lawsuit was subject to dismissal for failure to…