Minyard Davis v. DAVID SIMONS, Superintendent

UNPUBLISHED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 Decided: March 1, 2016
Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Minyard Cass Davis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Minyard Davis appeals the district court’s order dismissing
without prejudice his 42 U.S.C. § 1983 (2012) complaint for
failure to comply with a court order. 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. See Ballard v. Carlson, 882
F.2d 93, 95–96 (4th Cir. 1989). Based on our review of the
record in this case, we discern no abuse of discretion in the
district court’s ruling. We therefore affirm the district
court’s order. See Davis v. Simons, No. 2:14–cv–00006–RAJ-DEM
(E.D. Va. Sept. 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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