U.S. Court of Appeals for the Fourth Circuit, 2015

Terah Morris v. A. McLane

Terah Morris v. A. McLane
U.S. Court of Appeals for the Fourth Circuit · Decided October 5, 2015 · Niemeyer, Motz, Shedd
616 F. App'x 128

Terah Morris v. A. McLane

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Terah C. Morris appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2012) complaint without prejudice for failure to comply with its prior order. See Fed.R.Civ.P. 41(b). We review the district court’s order for abuse of discretion. Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989). “A court abuses its discretion if its decision is guided by erroneous legal principles or rests upon a clearly erroneous factual finding.” United States v. McLean, 715 F.3d 129, 142 (4th Cir. 2013) (internal quotation marks omitted). The district court dismissed Morris’ complaint because it found that Morris had not filed a particularized amended complaint or an affidavit concerning administrative exhaustion of his claims, as the court had instructed him to do. We have reviewed the record and find no abuse of discretion. Accordingly, we affirm for the reasons stated by the district court. Morns v. McLane, No. 1:14-cv-01426-GBL-MSN (E.D.Va. June 18, 2015). We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.

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