Berwyn Robinson v. Alexander Correctional, No. 18-7294 (4th Cir. 2019)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7294 BERWYN ROBINSON, Plaintiff - Appellant, v. ALEXANDER CORRECTIONAL INSTITUTION; KENNETH BEAVER, Defendants - Appellees, and HARRIS, Defendant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Frank D. Whitney, Chief District Judge. (5:18-cv-00072-FDW) Submitted: April 4, 2019 Decided: April 9, 2019 Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Berwyn Robinson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Berwyn Robinson appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2012) complaint without prejudice for failure to comply with its prior order. See Fed. R. Civ. P. 41(b). We review a district court’s dismissal under Rule 41(b) for abuse of discretion. Ballard v. Carlson, 882 F.2d 93, 95 (4th Cir. 1989). We have reviewed the record and find no abuse of discretion. Accordingly, we affirm for the reasons stated by the district court. Robinson v. Alexander Corr. Inst., No. 5:18-cv-00072-FDW (W.D.N.C. Sept. 18, 2018). We deny Robinson’s motion for appointment of counsel. 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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