Brandon Lillard v. Jane Richardson

Filing 920081027

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6753

BRANDON M. LILLARD, Plaintiff - Appellant, v. JANE DOE RICHARDSON, Corrections Officer, Corrections Officer; JANE DOE GAY,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:07-cv-00259-RAJ-FBS)

Submitted:

October 21, 2008

Decided:

October 27, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Brandon M. Lillard, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Brandon M. Lillard appeals the district court's order dismissing without prejudice his 42 U.S.C. § 1983 (2000) action for failure to prosecute and for noncompliance with court

orders. the

A plaintiff's failure to prosecute or to comply with procedural rules or an Fed. order R. of the P. court 41(b). may We

federal

warrant

involuntary

dismissal.

Civ.

review a district court's dismissal under Rule 41(b) for abuse of discretion. 1989). error. We Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. reviewed the record and find no reversible

have

Accordingly, we affirm for the reasons stated by the See Lillard v. Richardson, No. 2:07-cv-00259We

district court.

RAJ-FBS (E.D. Va. filed Apr. 2, 2008; entered Apr. 3, 2008). dispense with oral argument because the facts and

legal

contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED

2