Maurice Clack v. Rappahannock Regional Staff , 590 F. App'x 291 ( 2015 )


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  •                                 UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-7651
    MAURICE CLACK,
    Plaintiff - Appellant,
    v.
    RAPPAHANNOCK REGIONAL STAFF, Pretrial Investigators; DONALD
    SON, Corporal; RAPPAHANNOCK REGIONAL STAFF, Mail Clerks,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk.      Henry Coke Morgan, Jr.,
    Senior District Judge. (2:13-cv-00196-HCM-TEM)
    Submitted:   January 22, 2015              Decided:   January 27, 2015
    Before SHEDD, KEENAN, and DIAZ, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Maurice Clack, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Maurice        Clack   appeals      the   district       court’s    order
    dismissing without prejudice his 42 U.S.C. § 1983 (2012) action
    for failure to follow the court’s earlier orders informing him
    that    he   needed    to    pay    the   filing   fee   or    sign   a   consent    to
    collection     of     fees    form.       The    court’s   May    29,     2013   order
    specifically informed Clack that failure to comply could result
    in dismissal.         We have reviewed the record and find no abuse of
    discretion by the district court.                  Davis v. Williams, 
    588 F.2d 69
    , 70 (4th Cir. 1978) (providing review standard); see Ballard
    v. Carlson, 
    882 F.2d 93
    , 95–96 (4th Cir. 1989) (noting that
    dismissal is the appropriate sanction where litigant disregarded
    court order despite warning that failure to comply with order
    would result in dismissal).               Accordingly, we deny Clack’s motion
    for appointment of counsel and affirm for the reasons stated by
    the    district     court.      Clack     v.    Rappahannock     Reg’l    Staff,    No.
    2:13-cv-00196-HCM-TEM (E.D. Va. Oct. 17, 2014).                           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
    2
    

Document Info

Docket Number: 14-7651

Citation Numbers: 590 F. App'x 291

Filed Date: 1/27/2015

Precedential Status: Non-Precedential

Modified Date: 1/13/2023