Staley v. Martin

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6798

DANIEL L. STALEY,

Plaintiff - Appellant,

versus

DAVID MARTIN, Lieutenant Unofficial Capacity; X EGGER, Ms., Nurse Unofficial Capacity; MICHAEL SHEEDY, Associate Warden, Official Capacity; JOHN OR JANE DOE, Mr., Captain, Unofficial Capacity; DAVID J. WEST, Sergeant, Unofficial Capacity,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Patrick Michael Duffy, District Judge. (CA-04-920-9-23)

Submitted: September 3, 2004 Decided: October 4, 2004

Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Daniel L. Staley, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Daniel L. Staley appeals the district court’s dismissal

of his complaint, filed pursuant to 42 U.S.C. § 1983 (2000).

Having reviewed the record and Staley’s informal brief on appeal,

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

dismissing the complaint without prejudice, after Staley had been

warned of the consequences of failing to timely comply with an

order of the magistrate judge. 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). Therefore, we affirm the district court’s dismissal.

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

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