Terah C. Morris v. A. McLane

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-01426-GBL-MSN Copies to all parties and the district court/agency. [999671939]. Mailed to: Terah C. Morris RED ONION STATE PRISON 10800 H. Jack Rose Highway P. O. Box 970 Pound, VA 24279-0000. [15-7104]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7104

TERAH C. MORRIS,
Plaintiff - Appellant,
v.
A. MCLANE, Correctional Officer; C. L. GOINES, Correctional
Officer; W. PIXLEY, Warden; HAROLD CLARKE, Director of VA
Prisons/D.O.C.; CAIN, Lt.; F. CARVER, Sgt.; PITTMAN;
KILLMON; BROWN; D. CLARK,
Defendants – Appellees,
and
C. GOINES, Correctional Officer; WENDALL PIXLEY, Warden,
Defendants.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:14-cv-01426-GBL-MSN)

Submitted:

September 29, 2015

Decided:

Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Terah C. Morris, Appellant Pro Se.

October 5, 2015

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Terah
dismissing

C.

Morris

his

42

appeals

U.S.C.

§

the
1983

district
(2012)

court’s

complaint

prejudice for failure to comply with its prior order.
R. Civ. P. 41(b).
abuse of discretion.
(4th Cir. 1989).

order
without

See Fed.

We review the district court’s order for
Ballard v. Carlson, 882 F.2d 93, 95-96

“A court abuses its discretion if its decision

is guided by erroneous legal principles or rests upon a clearly
erroneous factual finding.”

United States v. McLean, 715 F.3d

129, 142 (4th Cir. 2013) (internal quotation marks omitted).
The district court dismissed Morris’ complaint because it found
that Morris had not filed a particularized amended complaint or
an affidavit concerning administrative exhaustion of his claims,
as the court had instructed him to do.
record and find no abuse of discretion.

We have reviewed the
Accordingly, we affirm

for the reasons stated by the district court.

Morris v. McLane,

No. 1:14-cv-01426-GBL-MSN (E.D. Va. June 18, 2015).

We dispense

with oral argument because the facts and legal arguments are
adequately

presented

in

the

materials

before

this

court

and

argument would not aid the decisional process.
AFFIRMED

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