Minyard Davis v. David Simon

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:14-cv-00006-RAJ-DEM Copies to all parties and the district court/agency. [999765065]. Mailed to: M. Davis. [15-7661]

Appeal: 15-7661

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7661

MINYARD DAVIS,
Plaintiff - Appellant,
and
MILTON BROWN; FRANCISCO HERNANDEZ; WAYNE MCKINSEY,
Plaintiffs,
v.
DAVID SIMONS, Superintendent; EDWARD TAYLOR, III, Assistant
Superintendent; T. D. HATCHETT, Major Chief of Security,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:14-cv-00006-RAJ-DEM)

Submitted:

February 25, 2016

Before SHEDD and
Circuit Judge.

HARRIS,

Circuit

Decided:

Judges,

and

March 1, 2016

DAVIS,

Senior

Affirmed by unpublished per curiam opinion.

Minyard Cass Davis, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7661

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Filed: 03/01/2016

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PER CURIAM:
Minyard Davis appeals the district court’s order dismissing
without

prejudice

his

42

U.S.C.

§ 1983

failure to comply with a court order.

(2012)

complaint

for

Rule 41(b) of the Federal

Rules of Civil Procedure permits a district court to dismiss an
action based on a plaintiff’s failure to comply with any order.
Where a litigant has ignored a district court’s express warning
that noncompliance will result in dismissal, it is appropriate
for the court to dismiss the case.
F.2d 93, 95–96 (4th Cir. 1989).

See Ballard v. Carlson, 882
Based on our review of the

record in this case, we discern no abuse of discretion in the
district

court’s

court’s order.
(E.D.

Va.

Sept.

ruling.

We

therefore

affirm

the

district

See Davis v. Simons, No. 2:14–cv–00006–RAJ-DEM
15,

2015).

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

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