Terah C. Morris v. A. McLane


UNPUBLISHED PER CURIAM OPINION filed.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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Appeal: 15-7104 Doc: 12 Filed: 10/05/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7104 TERAH C. MORRIS, Plaintiff - Appellant, v. A. MCLANE, Correctional Officer; C. L. GOINES,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 Affirmed by unpublished per curiam opinion.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 October 5, 2015 Appeal: 15-7104 Doc: 12 Filed: 10/05/2015 Pg: 2 of 3 Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 15-7104 Doc: 12 Filed: 10/05/2015 Pg: 3 of 3 PER CURIAM: Terah dismissing C. Morris his 42 appeals U.S.C. § the 1983 district (2012)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 3

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