James E. Rose, Jr. v. Sheriff Duane Lewis

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6835
JAMES E. ROSE, JR.,
Plaintiff - Appellant
v.
SHERIFF DUANE LEWIS,
Defendant – Appellee,
and
BERKELEY COUNTY SHERIFF’S DEPARTMENT,
Defendant.
Appeal from the United States District Court for the District of South Carolina, at
Charleston. J. Michelle Childs, District Judge. (2:22-cv-00886-JMC)
Submitted: January 17, 2023 Decided: January 20, 2023
Before KING and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
James E. Rose, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James E. Rose, Jr., a pretrial detainee, appeals the district court’s order dismissing
without prejudice his 42 U.S.C. § 1983 action for failure to comply with the magistrate
judge’s order directing him to file an amended complaint. See Fed. R. Civ. P. 41(b). We
review a district court’s dismissal under Rule 41(b) for abuse of discretion. See Attkisson v.
Holder, 925 F.3d 606, 625 (4th Cir. 2019). We have reviewed the record and discern no
abuse of discretion. Accordingly, we affirm. We deny Rose’s motion to consolidate. 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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