Lawrence Wilder, Sr. v. Joshua Stein

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 27, 2024
• Docket: 23-6699
• Status: Unpublished

Opinion

USCA4 Appeal: 23-6699 Doc: 9 Filed: 06/27/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6699

LAWRENCE VERLINE WILDER,

Petitioner - Appellant,

v.

JOSH STEIN; D. H. PRICE,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:23-hc-02089-D-RJ)

Submitted: June 25, 2024 Decided: June 27, 2024

Before RICHARDSON and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Lawrence Verline Wilder, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6699 Doc: 9 Filed: 06/27/2024 Pg: 2 of 2

PER CURIAM:

Lawrence Verline Wilder, Sr., appeals the district court’s order dismissing without

prejudice his action, construed as a 28 U.S.C. § 2241 petition, for failure to comply with

the magistrate judge’s order directing Wilder to pay the filing fee or apply to proceed

without payment of fees within 21 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

Wilder’s action. 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. Wilder v. Stein, No. 5:23-hc-02089-

D-RJ (E.D.N.C. June 2, 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