Sharon Falzone v. S. Johns, No. 14-7280 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7280 SHARON FALZONE, Plaintiff – Appellant, v. S. JOHNS, Dr., Physician, Virginia Correctional Center for Women; VIRGINIA JOHNSON, Sgt. Unit 1, Virginia Correctional Center for Women; EDWARDS, Ms., Counselor Unit 1, Virginia Correctional Center for Women, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:14-cv-00389-REP-MHL) Submitted: December 16, 2014 Decided: January 7, 2015 Before NIEMEYER and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Sharon Falzone, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sharon Falzone appeals the district court’s order dismissing her 42 U.S.C. § 1983 (2012) action without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Rule 41(b) permits a district court to dismiss an action based on a plaintiff’s failure to comply with any order. Civ. P. 41(b). See Fed. R. 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. v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989). the record in this case, we find no See Ballard Having reviewed reversible error. Accordingly, we affirm for the reasons stated by the district court. Falzone v. Johns, No. 3:14-cv-00389-REP-MHL (E.D. Va. Aug. 19, 2014). facts and materials legal before We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. AFFIRMED 2

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