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21-2394•Major Mike Webb, d/b/a Friends for Mike Webb, d/b/a Major Mike Webb for U.S.… v. Anthony S. Fauci, in official
21-2394Court of Appeals for the Fourth CircuitMay 26, 2022
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-2394
MAJOR MIKE WEBB, d/b/a Friends for Mike Webb, d/b/a Major Mike Webb for
U.S. Congress (VA8), d/b/a Major Mike Webb for VA, d/b/a Major Mike Webb for
APS Board,
Plaintiff - Appellant,
v.
ANTHONY S. FAUCI, in official and individual capacities; NATIONAL
INSTITUTE OF ALLERGY AND INFECTIOUS DISEASE; ROCHELLE
WALENSKY, in official and individual capacities; CENTERS FOR DISEASE
CONTROL AND PREVENTION; JANET WOODCOCK, in official and individual
capacities; UNITED STATES FOOD AND DRUG ADMINISTRATION;
MOHAMMED NORMAN OLIVER, in official and individual capacities;
VIRGINIA DEPARTMENT OF HEALTH; PFIZER, INC.; MODERNATX INC.;
JOHNSON & JOHNSON INC.; FACEBOOK, INC.; UNIVERSITY OF
VIRGINIA; DONALD S. BEYER, in individual and official capacities; TIMOTHY
M. KAINE, in official and individual capacities; MARK R. WARNER, in official
and individual capacities; JUSTIN M. WILSON, in official and individual
capacities; DIONNE HARDY, in official and individual capacities; OFFICE OF
MANAGEMENT & BUDGET; JASON S. MIYARES, in official and individual
capacities; OFFICE OF THE STATE ATTORNEY GENERAL; GLENN
YOUNGKIN, in official and individual capacities; BIONTECH SE; JANSSEN
GLOBAL SERVICES, LLC; JENNIFER R. PSAKI, in official and individual
capacities; WHITE HOUSE COMMUNICATIONS AGENCY; VIVEK MURTHY,
in official and individual capacities; OFFICE OF THE SURGEON GENERAL;
LLOYD J. AUSTIN, in official and individual capacities; UNITED STATES
DEPARTMENT OF DEFENSE; CHRISTINE E. WORMOTH, in official and
individual capacities; DEPARTMENT OF THE ARMY; XAVIER BECCERA, in
official and individual capacities; UNITED STATES DEPARTMENT OF HEALTH
& HUMAN SERVICES; TED BRITT FORD OF FAIRFAX; RICHARD D.
HOLCOLM, in official and individual capacities; VIRGINIA DEPARTMENT OF
MOTOR VEHICLES; INGRID H. MORROY, in official and individual capacities;
COMMISSIONER OF REVENUE FOR COUNTY OF ARLINGTON; CAPITAL
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INVESTMENT ADVISORS, LLC; A-1 TOWING OF NORTHERN VIRGINIA;
JOHN AND JANE DOES,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. M. Hannah Lauck, District Judge. (3:21-cv-00432-MHL)
Submitted: May 24, 2022 Decided: May 26, 2022
Before NIEMEYER, KING, and RICHARDSON, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael David Webb, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Michael David Webb, aka Major Mike Webb, appeals the district court’s order
dismissing his civil complaint without prejudice for failure to comply with the court’s order
directing him to file a corrected in forma pauperis application. Under Fed. R. Civ. P. 41(b),
a district court may dismiss an action based on a plaintiff’s failure to comply with a court
order as long as the court has warned the plaintiff that noncompliance will result in
dismissal. See Ballard v. Carlson, 882 F.2d 93, 95-96 (4th Cir. 1989). We review a district
court’s dismissal under Rule 41(b) for abuse of discretion. Attkisson v. Holder, 925 F.3d
606, 620 (4th Cir. 2019).
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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