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122852P.pdf   03/06/2014  James Bergstrom  v.  Sgt. Michelle Frascone
   U.S. Court of Appeals Case No:  12-2852
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Bye, Author, with Bright and Loken, Circuit Judges] 
   Civil case - Civil Rights. In the absence of a finding of bad faith, the 
   district court erred in dismissing plaintiff's action as a sanction for 
   failure to prosecute without first considering the viability of lesser 
   sanctions. Judge Loken, dissenting.