Brandon Lillard v. Jane Richardson, No. 08-6753 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6753 BRANDON M. LILLARD, Plaintiff - Appellant, v. JANE DOE RICHARDSON, Corrections Officer, Corrections Officer; JANE DOE GAY, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:07-cv-00259-RAJ-FBS) Submitted: October 21, 2008 Decided: October 27, 2008 Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Brandon M. Lillard, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brandon M. Lillard appeals the district court s order dismissing without prejudice his 42 U.S.C. § 1983 (2000) action for failure orders. the prosecute and for noncompliance with court A plaintiff s failure to prosecute or to comply with federal warrant to procedural involuntary rules or dismissal. an order Fed. R. of Civ. the P. court 41(b). may We review a district court s dismissal under Rule 41(b) for abuse of discretion. Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989). We have error. Accordingly, we affirm for the reasons stated by the district court. reviewed the record and find no reversible See Lillard v. Richardson, No. 2:07-cv-00259- RAJ-FBS (E.D. Va. filed Apr. 2, 2008; entered Apr. 3, 2008). dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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