Minyard Davis v. David Simons

U.S. Court of Appeals for the Fourth Circuit
Minyard Davis v. David Simons, 634 F. App'x 396 (4th Cir. 2016)
Davis, Harris, Per Curiam, Shedd

Minyard Davis v. David Simons

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Minyard Davis appeals the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 (2012) complaint for failure to comply with a court order. Rule 41(b) of the Federal Rules of Civil Procedure permits a district court to dismiss an action based on a plaintiffs failure to comply with any order. 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). Based on our review of the record in this case, we discern no abuse of discretion in the district court’s ruling. We therefore affirm the district court’s order. See Davis v. Simons, No. 2:14-cv-00006-RAJ-DEM (E.D.Va. Sept. 15, 2015). 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.

Reference

Full Case Name
Minyard DAVIS, Plaintiff-Appellant, and Milton Brown; Francisco Hernandez; Wayne McKinsey, Plaintiffs, v. David SIMONS, Superintendent; Edward Taylor, III, Assistant Superintendent; T.D. Hatchett, Major Chief of Security, Defendants-Appellees
Status
Unpublished