David Meyers v. Edward Wright

U.S. Court of Appeals for the Fourth Circuit
David Meyers v. Edward Wright, 670 F. App'x 806 (4th Cir. 2016)

David Meyers v. Edward Wright

Opinion

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David Meyers appeals the district court’s order dismissing his 28 U.S.C. § 2254 (2012) petition without prejudice for failing to comply with a court order. We affirm.

A district court may dismiss an action based on a plaintiffs failure to comply with any order. Fed. R. Civ. P. 41(b). Where a litigant has ignored an express warning that noncompliance with a court order will result in dismissal, the district court should dismiss the case. See Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989). We review a decision to dismiss for failure to comply with a court order for abuse of discretion. Id.

*807 We have reviewed the record and find no abuse of discretion. Accordingly, we grant Meyers leave to proceed in forma pauperis and affirm the district court’s order. 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
David MEYERS, Petitioner-Appellant, v. Edward WRIGHT, Warden; G.E.O. Inc; Virginia Department of Corrections, Respondents-Appellees
Status
Unpublished