Frederick Stinson v. VDOC

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 1, 2023
• Docket: 23-6429
• Status: Unpublished

Opinion

USCA4 Appeal: 23-6429 Doc: 14 Filed: 09/01/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6429

FREDERICK STINSON,

Plaintiff - Appellant,

v.

VIRGINIA DEPARTMENT OF CORRECTIONS; COMMISSARY & SECURITY,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David J. Novak, District Judge. (3:22-cv-00771-DJN-MRC)

Submitted: August 29, 2023 Decided: September 1, 2023

Before KING, AGEE, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Frederick Stinson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6429 Doc: 14 Filed: 09/01/2023 Pg: 2 of 2

PER CURIAM:

Frederick Stinson appeals the district court’s order dismissing his civil action

without prejudice for failure to comply with the magistrate judge’s order directing Stinson

to submit certain documents within 30 days. See Fed. R. Civ. P. 41(b). After reviewing

the record, we conclude that the district court did not abuse its discretion in dismissing

Stinson’s complaint. See Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989) (holding

that district court did not abuse discretion when it dismissed case for failure to comply with

prior order after explicitly warning that dismissal would result from failure to comply).

Accordingly, we affirm the district court’s judgment. Stinson v. Va. Dep’t of Corr.,

No. 3:22-cv-00771-DJN-MRC (E.D. Va. Apr. 5, 2023). 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