David Meyers v. Edward Wright
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999890268-2] Originating case number: 3:16-cv-00005-REP-RCY Copies to all parties and the district court/agency. [999972015]. Mailed to: David Meyers GREEN ROCK CORRECTIONAL CENTER 475 Green Rock Lane P. O. Box 1000 Chatham, VA 24531-0000. [16-6886]
Appeal: 16-6886
Doc: 12
Filed: 11/21/2016
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6886
DAVID MEYERS,
Petitioner - Appellant,
v.
EDWARD WRIGHT, Warden; G.E.O. INC; VIRGINIA DEPARTMENT OF
CORRECTIONS,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:16-cv-00005-REP-RCY)
Submitted:
October 25, 2016
Before GREGORY,
Judges.
Chief
Judge,
Decided:
and
KEENAN
November 21, 2016
and
FLOYD,
Circuit
Affirmed by unpublished per curiam opinion.
David Meyers, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 16-6886
Doc: 12
Filed: 11/21/2016
Pg: 2 of 2
PER CURIAM:
David Meyers appeals the district court’s order dismissing
his
28
U.S.C.
§ 2254
(2012)
petition
failing to comply with a court order.
A
district
court
may
without
for
We affirm.
dismiss
an
action
plaintiff’s failure to comply with any order.
41(b).
prejudice
based
on
a
Fed. R. Civ. P.
Where a litigant has ignored an express warning that
noncompliance with a court order will result in dismissal, the
district court should dismiss the case.
See Ballard v. Carlson,
882 F.2d 93, 95-96 (4th Cir. 1989).
We review a decision to
dismiss for failure to comply with a court order for abuse of
discretion.
We
have
discretion.
forma
Id.
reviewed
with
contentions
record
and
find
no
abuse
of
Accordingly, we grant Meyers leave to proceed in
pauperis
dispense
the
are
and
oral
affirm
the
argument
adequately
district
because
presented
in
court’s
the
the
facts
order.
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED
2
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