U.S. Court of Appeals for the Fourth Circuit, 2013

Robert Saunders v. Sunbridge Care & Rehabilitation

Robert Saunders v. Sunbridge Care & Rehabilitation
U.S. Court of Appeals for the Fourth Circuit · Decided September 3, 2013 · Duncan, Agee, Keenan
539 F. App'x 123

Robert Saunders v. Sunbridge Care & Rehabilitation

Opinion

Affirmed as modified by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Robert Saunders appeals the district court’s order dismissing his- civil complaint for failure to comply with a court order. See Fed.R.Civ.P. 41(b). We conclude that the district court did not abuse its discretion in dismissing the action for failing to comply with the court’s order directing Saunders to secure counsel to represent his wife’s estate, having warned him that noncompliance could result in dismissal and given him multiple extensions of time to comply. See Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989). We conclude, however, that the dismissal should be without prejudice. Choice Hotels, Int’l, Inc. v. Goodwin & Boone, 11 F.3d 469, 471-72 (4th Cir. 1993). Accordingly, we grant leave to proceed in forma pauperis and affirm the order of the district court, modified to reflect that the dismissal is without prejudice. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED AS MODIFIED.

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