Jay Folse v. Vera McCormick

U.S. Court of Appeals for the Fourth Circuit

Jay Folse v. Vera McCormick

Opinion

USCA4 Appeal: 24-1583 Doc: 21 Filed: 01/27/2025 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1583

JAY FOLSE,

Plaintiff - Appellant,

v.

VERA MCCORMICK, in her individual and official capacities; LIN TECH INTERNATIONAL, L.L.C., a West Virginia Limited Liability Company,

Defendants - Appellees,

and

KANAWHA COUNTY COMMISSION, a political subdivision; J. NICHOLAS BARTH,

Defendants.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Irene C. Berger, District Judge. (2:22-cv-00435)

Submitted: January 23, 2025 Decided: January 27, 2025

Before WILKINSON, WYNN, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion. USCA4 Appeal: 24-1583 Doc: 21 Filed: 01/27/2025 Pg: 2 of 3

Jay Folse, Appellant Pro Se. Charles R. Bailey, Albert C. Dunn, Jr., BAILEY & WYANT, PLLC, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 USCA4 Appeal: 24-1583 Doc: 21 Filed: 01/27/2025 Pg: 3 of 3

PER CURIAM:

Jay Folse appeals the district court’s order adopting the magistrate judge’s

recommendation and granting Vera McCormick’s motion for sanctions and dismissing

Folse’s civil rights action. We have reviewed the record and conclude that the district court

did not abuse its discretion in granting the motion for sanctions and imposing dismissal as

an appropriate sanction. See Mey v. Phillips,

71 F.4th 203, 217

(4th Cir. 2023) (“In

reviewing a district court’s findings and discovery rulings, we are mindful of the broad

discretion accorded to district courts to supervise discovery, including the imposition of

sanctions for discovery abuses, as part of their case-management authority.” (internal

quotation marks omitted)). Accordingly, we affirm the district court’s judgment. Folse v.

McCormick, No. 2:22-cv-00435 (S.D. W. Va. June 24, 2024). 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

3

Reference

Status
Unpublished