Demmerick Eric Brown v. Harold W. Clarke

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6903
DEMMERICK ERIC BROWN,
Petitioner - Appellant,
v.
HAROLD W. CLARKE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Claude M. Hilton, Senior District Judge. (1:20-cv-01453-CMH-JFA)
Submitted: December 9, 2021 Decided: January 5, 2022
Before KING, AGEE, and RICHARDSON, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Demmerick Eric Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Demmerick Eric Brown, a Virginia inmate, appeals the district court’s order
dismissing his 28 U.S.C. § 2254 petition without prejudice for failure to comply with a
court order. We affirm.
A district court may dismiss an action based on a litigant’s failure to comply with
any order. Fed. R. Civ. P. 41(b). Where a litigant has ignored an express warning that
noncompliance with a court order will result in dismissal, the district court should dismiss
the case. See Ballard v. Carlson, 882 F.2d 93, 95–96 (4th Cir. 1989). We review a decision
to dismiss for failure to comply with a court order for abuse of discretion. Id.
We have reviewed the record and find no abuse of discretion. Accordingly, we
affirm the district court’s order. 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

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