Francis Masika v. Unknown, No. 15-6992 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6992 FRANCIS MASIKA, Plaintiff - Appellant, v. UNKNOWN, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:15-cv-00050-MHL-RCY) Submitted: December 10, 2015 Decided: December 23, 2015 Before WILKINSON, DUNCAN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Francis Masika, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Francis dismissing Masika without appeals the prejudice his district 42 court’s U.S.C. § order 1983 (2012) complaint for failure to comply with a court order to pay the full filing fee or return to the court a form consenting to collection of the filing fee from his failure to comply dismissal. Fed. inmate account. We affirm. A warrant plaintiff’s involuntary with R. a court Civ. P. 41(b). review such a dismissal for abuse of discretion. Carlson, 882 F.2d 93, 95 (4th Cir. 1989). order may We Ballard v. Our review of the record discloses no evidence that the district court received a timely response from Masika to its order regarding the payment of his filing fees. Although pauperis, we we grant find no district court's order. Masika abuse of leave to proceed discretion, and in forma affirm the 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

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