David Meyers v. Edward Wright, No. 16-6886 (4th Cir. 2016)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6886 DAVID MEYERS, Petitioner - Appellant, v. EDWARD WRIGHT, Warden; G.E.O. INC; VIRGINIA DEPARTMENT OF CORRECTIONS, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:16-cv-00005-REP-RCY) Submitted: October 25, 2016 Before GREGORY, Judges. Chief Judge, Decided: and KEENAN November 21, 2016 and FLOYD, Circuit Affirmed by unpublished per curiam opinion. David Meyers, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Meyers appeals the district court’s order dismissing his 28 U.S.C. § 2254 (2012) petition failing to comply with a court order. A district court may without for We affirm. dismiss an action plaintiff’s failure to comply with any order. 41(b). prejudice based on a Fed. R. Civ. P. Where a litigant has ignored an express warning that noncompliance with a court order will result in dismissal, the district court should dismiss the case. See Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989). We review a decision to dismiss for failure to comply with a court order for abuse of discretion. We have discretion. forma Id. reviewed with contentions record and find no abuse of Accordingly, we grant Meyers leave to proceed in pauperis dispense the are and oral affirm the argument adequately district because presented in court’s the the facts order. We and legal materials before this court and argument would not aid the decisional process. AFFIRMED 2

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