Aaron Stephen v. Gerald Baker

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 16, 2024
• Docket: 23-7162
• Status: Unpublished

Opinion

USCA4 Appeal: 23-7162 Doc: 9 Filed: 04/16/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7162

AARON LANCE STEPHEN,

Plaintiff - Appellant,

v.

GERALD BAKER; CORRECTIONAL OFFICER SANTOS; CORRECTIONAL OFFICER ISSAC; JUAN ISIDRO COLLADO,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Richard E. Myers, II, Chief District Judge. (5:22-ct-03161-M)

Submitted: April 11, 2024 Decided: April 16, 2024

Before AGEE and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Aaron Lance Stephen, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-7162 Doc: 9 Filed: 04/16/2024 Pg: 2 of 2

PER CURIAM:

Aaron Lance Stephen appeals the district court’s order dismissing without prejudice

his 42 U.S.C. § 1983 complaint. Stephen failed to amend his complaint by the deadline

provided by the court. We conclude that the district court did not abuse its discretion in

dismissing the complaint without prejudice after Stephen had been warned of the

consequences of failing to timely comply with the court’s order. See Ballard v. Carlson,

882 F.2d 93, 95 (4th Cir. 1989) (holding district court’s dismissal following explicit and

reasonable warning was not an abuse of discretion). We have reviewed the record and find

no reversible error. Stephen v. Baker, No. 5:22-ct-03161-M (E.D.N.C. Oct. 17, 2023). We

dispense with oral argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not aid the decisional

process.

AFFIRMED