David Meyers v. Edward Wright
Opinion
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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- Unpublished