Page:Gripe v. City of Enid.pdf/2



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.

As a preliminary matter, we discuss our jurisdiction. The district court dismissed the action on November 1, 2001. Plaintiff filed a motion for relief from judgment on November 2, and filed a timely notice of appeal from the order of dismissal on November 30. On December 19 the district court denied relief from the judgment. Plaintiff did not file an amended notice of appeal, as required -2-