William Sims v. Unknown

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999713624-2] Originating case number: 1:15-cv-00533-GBL-IDD Copies to all parties and the district court/agency. [999763025]. Mailed to: W. Sims. [15-7816]

Appeal: 15-7816

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Filed: 02/26/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7816

WILLIAM T. SIMS,
Plaintiff - Appellant,
v.
UNKNOWN,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:15-cv-00533-GBL-IDD)

Submitted:

February 23, 2016

Decided:

February 26, 2016

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

William T. Sims, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7816

Doc: 12

Filed: 02/26/2016

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Sims

the

PER CURIAM:
William

T.

appeals

district

court’s

order

dismissing his complaint without prejudice for failing to comply
with a court order. *
reversible error.

We have reviewed the record and find no

Accordingly, we affirm for the reasons stated

by the district court.

Sims v. Unknown, No. 1:15-cv-00533-GBL-

IDD (E.D. Va. Oct. 21, 2015).

We deny Sims’ motion to appoint

counsel and dispense with oral argument because the facts and
legal
before

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

AFFIRMED

*

Although the district court dismissed Sims’ complaint
without prejudice, we possess jurisdiction over this appeal
because the dismissal was based on Sims’ failure to comply with
a court order, not on account of a flaw in the complaint.
Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d
1064, 1066-67 (4th Cir. 1993).

2