Sharon Falzone v. S. Johns

U.S. Court of Appeals for the Fourth Circuit

Sharon Falzone v. S. Johns

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-7280

SHARON FALZONE,

Plaintiff – Appellant,

v.

S. JOHNS, Dr., Physician, Virginia Correctional Center for Women; VIRGINIA JOHNSON, Sgt. Unit 1, Virginia Correctional Center for Women; EDWARDS, Ms., Counselor Unit 1, Virginia Correctional Center for Women,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:14-cv-00389-REP-MHL)

Submitted: December 16, 2014 Decided: January 7, 2015

Before NIEMEYER and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Sharon Falzone, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Sharon Falzone appeals the district court’s order

dismissing her

42 U.S.C. § 1983

(2012) action without prejudice

pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

Rule 41(b) permits a district court to dismiss an action based

on a plaintiff’s failure to comply with any order. See Fed. R.

Civ. P. 41(b). Where a litigant has ignored a district court’s

express warning that noncompliance will result in dismissal, it

is appropriate for the court to dismiss the case. See Ballard

v. Carlson,

882 F.2d 93, 95-96

(4th Cir. 1989). Having reviewed

the record in this case, we find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. Falzone v. Johns, No. 3:14-cv-00389-REP-MHL (E.D. Va.

Aug. 19, 2014). 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

2

Reference

Status
Unpublished